BMO Bank N.A., formerly known as BMO Harris Bank N.A. v. K&M Transport LLC, a California limited liability company; and Melvyn Martinez also known as Melvyn Martinez Benitez
Opinion
trial_court Opinion
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 BMO BANK N.A., formerly known as Case No. 1:25-cv-01368-KES-SKO
BMO HARRIS BANK N.A.,
11 ORDER TO SHOW CAUSE REGARDING
SUBJECT MATTER JURISDICTION
12 Plaintiff, 13 v. (Doc. 1) 14 K&M TRANSPORT LLC, a California limited liability company; and MELVYN 15 MARTINEZ also known as MELVYN
MARTINEZ BENITEZ,
16 17 Defendants. 18 On October 14, 2025, Plaintiff BMO Bank N.A., a “national banking association,” filed a 19 complaint against Defendants K&M Transport LLC and Melvyn Martinez asserting claims for 20 breach of contract. (Doc. 1 at ¶¶ 40–75.) 21 Plaintiff asserts this Court has subject matter jurisdiction under 28 U.S.C. § 1332. (Doc. 1 22 ¶ 1.) The burden of establishing subject matter jurisdiction “rests upon the party asserting 23 jurisdiction.” Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994); see also 24 Romero v. Securus Techs., Inc., 216 F. Supp. 3d 1078, 1085 (S.D. Cal. 2016) (“As the party putting 25 the claims…