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

Good Law
United States District Court, Eastern District of CaliforniaOctober 16, 20251:25-cv-01368California851 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 BMO BANK N.A., formerly known as Case No. 1:25-cv-01368-KES-SKO

BMO HARRIS BANK N.A.,

ORDER TO SHOW CAUSE REGARDING

SUBJECT MATTER JURISDICTION

Plaintiff, v. (Doc. 1) K&M TRANSPORT LLC, a California limited liability company; and MELVYN MARTINEZ also known as MELVYN

MARTINEZ BENITEZ,

16 Defendants. On October 14, 2025, Plaintiff BMO Bank N.A., a “national banking association,” filed a complaint against Defendants K&M Transport LLC and Melvyn Martinez asserting claims for breach of contract. (Doc. 1 at ¶¶ 40–75.) Plaintiff asserts this Court has subject matter jurisdiction under 28 U.S.C. § 1332. (Doc. 1 ¶ 1.) The burden of establishing subject matter jurisdiction “rests upon the party asserting jurisdiction.” Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994); see also Romero v. Securus Techs., Inc., 216 F. Supp. 3d 1078, 1085 (S.D. Cal. 2016) (“As the party putting the claims…

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