Roberts

MEMORANDUM ***

Dianna Roberts (Roberts) appeals the district court’s grant of summary judgment in favor of WMC Mortgage Corp. (WMC), Bank One, N.A. (Bank One), and Fairbanks Capital Corp. (Fairbanks) on her claim for rescission of a deed of trust and promissory note (collectively Deed of Trust) under the Truth In Lending Act (TILA), 15 U.S.C. §§ 1601-1677 . In addition, Roberts appeals the district court’s denial of her motion to reopen discovery pursuant to Federal Rule of Civil Procedure 56(f) and the district court’s award of costs to WMC Mortgage, Bank One, and Fairbanks Capital.

I. The District Court’s Subject Matter Jurisdiction.

Bank One raises the issue of the district court’s subject matter jurisdiction over Roberts’ TILA rescission claim for the first time on appeal. However, challenges to a federal court’s subject matter jurisdiction cannot be waived and may be raised at any time. See United States v. Cotton, 535 U.S. 625, 630 , 122 S.Ct. 1781 , 152 L.Ed.2d 860 (2002). The district court lacked subject matter jurisdiction over Roberts’ rescission claim because she failed to deliver a notice of rescission to Bank One, the current beneficiary of her Deed Of Trust,…