NAACP v. Ameriquest Mortgage Co.

Proceedings: ORDER DENYING DEFENDANT FREMONT INVESTMENT AND LOAN’S MOTION TO DISMISS UNDER F.R.C.P. 12(b)(1)

Before the Court is Defendant Fremont Investment • & Loan’s (“Defendant”) Motion to Dismiss Plaintiffs Second Amended Complaint (“Motion”). After considering all arguments presented by the parties, the Court DENIES the Motion.

BACKGROUND

Plaintiff National Association for the Advancement of Colored People (“Plaintiff’) filed a complaint against Defendant, among others, for violations of the Fair Housing Act, the Equal Credit Opportunity Act, and the Civil Rights Act. (Complaint ¶¶ 7-8.) Defendant filed the Motion.

LEGAL STANDARD

Federal Rule of Civil Procedure 12(b)(1) provides for dismissal of a complaint for lack of subject matter jurisdiction. Because federal courts are courts of limited jurisdiction, it is “presumed that a cause lies outside this limited jurisdiction, and the burden of establishing the contrary rests upon the party asserting jurisdiction.” Vacek v. United States Postal Serv., 447 F.3d 1248, 1250 (9th Cir.2006) (quoting Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 , 114 S.Ct. 1673 , 128 L.Ed.2d 391 (1994) (citations omitted)).…