Arthur Mariscal v. Flagstar Bank, FSB

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES—GENERAL

Case No. ED CV 19-2023-DMG (SHKx) Date January 15, 2020

Title Arthur Mariscal, et al. v. Flagstar Bank, FSB Page 1 of 1

Present: The Honorable DOLLY M. GEE, UNITED STATES DISTRICT JUDGE

KANE TIEN NOT REPORTED

Deputy Clerk Court Reporter

Attorneys Present for Plaintiff(s) Attorneys Present for Defendant(s) None Present None Present

Proceedings: IN CHAMBERS - ORDER TO SHOW CAUSE WHY THE COURT

SHOULD NOT DISMISS THIS ACTION FOR LACK OF JURISDICTION

Plaintiffs Arthur Mariscal and Catherine Mariscal filed this putative class action on October 22, 2019 and asserted that the Court has subject matter jurisdiction under the Class Action Fairness Act (“CAFA”). See Compl. (citing 28 U.S.C. §1332(d)(2)) [Doc. # 1]. Defendant filed a Motion to Dismiss (“MTD”) Plaintiffs’ Complaint on November 18, 2019, but did not address subject matter jurisdiction. See MTD [Doc. # 17].

Under CAFA, the Court has original jurisdiction over a class action “if the class has more than 100 members, the parties are…