Stewart

Stewart v. Fay Servicing, LLC

Good Law
United States District Court, Northern District of CaliforniaMarch 25, 20243:24-cv-01775California752 words

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…

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