JOHN E. STEELE, District Judge.
This matter comes before the Court on review of the Fifth Amended Complaint (Doc. #495) filed on April 15, 2013. While motions to dismiss and strike are pending, the Court sua sponte raises the issue of its subject-matter jurisdiction.
A complaint must contain "a short and plain statement of the grounds for the court's jurisdiction". Fed. R. Civ. P. 8(a)(1). Subject-matter jurisdiction in this case is premised on the complete diversity of citizenship pursuant to 28 U.S.C. § 1332(a). (Doc. #495, ¶ 5.) The Court is satisfied that the amount in controversy is properly pled, but the citizenship of the various parties is a different matter.
Plaintiff Principal Bank alleges that it is "a federal savings bank." (Doc. #495, ¶ 6.) "In determining whether a Federal court has diversity jurisdiction over a case in which a Federal savings association is a party, the Federal savings association shall be considered to be a citizen only of the State in which such savings association has its home office." 12 U.S.C. § 1464(x). Plaintiff's complete allegation in this regard is that "its office [is] in Des Moines, Iowa." (Doc. #495, ¶ 6.) A savings association may have a home office, branch offices, agency offices, administrative offices, and data processing offices. 12 C.F.R. § 545.92(a). The Fifth Amended Complaint does not adequately allege that plaintiff's "office" in Des Moines, Iowa was its "home office."
As to the first three defendants, the Court is satisfied that Plaintiff adequately alleges the citizenship of First American Mortgage, Inc., Construction Disbursement Services, Inc., and First American Mortgage Servicing, Inc. as Colorado corporations with their principal places of business in Colorado. (Doc. #495, ¶ 18.)
As to the fourth defendant, Plaintiff alleges that First American Mortgage Funding, LLC is a Colorado limited liability company whose members "on information and belief" are Colorado citizens. (Doc. #495, ¶ 18.) This is clearly insufficient. A limited liability company is a citizen of any state of which a member is a citizen.
As to the fifth defendant, Plaintiff alleges that Builders Mortgage Company, LLC
As to the second member of Builders Mortgage, it is alleged that Wells Fargo Bank, N.A. is the sole member of Wells Fargo Ventures, LLC. (
As to the sixth defendant, Plaintiff alleges that Wells Fargo Bank, N.A. (Wells Fargo) is a national banking association with its "main office" in Sioux Falls, South Dakota. (Doc. #495, ¶ 7.) "All national banking associations shall, for the purposes of all other actions by or against them, be deemed citizens of the States in which they are respectively located." 28 U.S.C. § 1348. For diversity jurisdiction purposes, a national bank is a citizen of at least
Plaintiff will be provided an opportunity pursuant to 28 U.S.C. § 1653 to adequately plead a factual basis for the existence of subject matter jurisdiction. Plaintiff shall file a Supplement to the Fifth Amended Complaint pursuant to Fed. R. Civ. P. 15(d) which sufficiently pleads the citizenship of plaintiff and each defendant.
Accordingly, it is now