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Trice v. Nat'l Default Servicing Corp.

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
May 29, 2019
No. 17-16833 (9th Cir. May. 29, 2019)

Opinion

No. 17-16833

05-29-2019

GERALDINE TRICE, Plaintiff-Appellant, v. NATIONAL DEFAULT SERVICING CORPORATION; et al., Defendants-Appellees.


NOT FOR PUBLICATION

D.C. No.2:16-cv-02101-GMN-GWF MEMORANDUM Appeal from the United States District Court for the District of Nevada
Gloria M. Navarro, District Judge, Presiding Before: THOMAS, Chief Judge, LEAVY and FRIEDLAND, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Geraldine Trice appeals pro se from the district court's judgment dismissing her action alleging state law claims arising from foreclosure proceedings. We have jurisdiction under 28 U.S.C. § 1291. We consider sua sponte whether the district court had subject matter jurisdiction. Elhouty v. Lincoln Benefit Life Co., 886 F.3d 752, 755 (9th Cir. 2018). We vacate and remand.

Trice filed this action in federal court alleging only state law claims against National Default Servicing Corporation, James Huynh, Michael A. Bosco and Carmen Navejas invoking diversity of citizenship under 28 U.S.C. § 1332(a)(1). Neither the original nor the amended complaint alleged the citizenship of the individual defendants. Defendants did not dispute the existence of complete diversity before the district court, and did not provide a jurisdictional statement on appeal.

We are unable on this record to make a determination as to whether diversity jurisdiction existed. We therefore vacate the district court's judgment and remand for further proceedings.

Nonparty appellee JPMorgan Chase Bank, N.A.'s request for judicial notice (Docket Entry No. 19) and Trice's motion to strike Chase's request for judicial notice (Docket Entry No. 36) are denied.

All other requests are denied.

The parties shall bear their own costs on appeal.

VACATED and REMANDED.


Summaries of

Trice v. Nat'l Default Servicing Corp.

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
May 29, 2019
No. 17-16833 (9th Cir. May. 29, 2019)
Case details for

Trice v. Nat'l Default Servicing Corp.

Case Details

Full title:GERALDINE TRICE, Plaintiff-Appellant, v. NATIONAL DEFAULT SERVICING…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: May 29, 2019

Citations

No. 17-16833 (9th Cir. May. 29, 2019)