Stewart
Stewart v. Fay Servicing, LLC
Opinion
trial_court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
KARA MICHELLE STEWART, Case No. 24-cv-01775-RFL
Plaintiff,
ORDER TO SHOW CAUSE RE:
v. CITIZENSHIP OF DEFENDANT FAY
SERVICING, LLC AND PROOF OF
FAY SERVICING, LLC, SERVICE
Defendant.
Plaintiff Kara Michelle Stewart has filed a foreclosure-related suit against Defendant Fay Servicing, LLC. On March 22, 2024, Stewart filed an application for a temporary restraining order (“TRO”) which is currently pending before the Court. (Dkt. No. 4). She alleges that the foreclosure sale is scheduled in two days, on March 27, 2024. (Id.) For the reasons explained below, the law requires the Court to ensure it has jurisdiction before it hears the case, even if the parties do not raise the issue. Here, it does not appear that the allegations in the Complaint are currently sufficient to support the Court’s federal subject matter jurisdiction. Since the foreclosure sale is scheduled to occur in two days, Stewart must address this by filing a first amended complaint or written response to this Order to Show Cause by 12:00 p.m. tomorrow, March 26, 2024. Stewart must also file an…