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Bank of America, National Association v. Crown Northcorp

November 22, 2010

BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LA SALLE NATIONAL BANK ASSOCIATION, PLAINTIFF,
v.
CROWN NORTHCORP, INC., ET AL., DEFENDANTS.



The opinion of the court was delivered by: Milton I. Shadur Senior United States District Judge

MEMORANDUM ORDER

Bank of America, N.A. ("Bank of America") has brought this action against Crown Northcorp, Inc. ("Crown"), seeking to invoke federal jurisdiction on diversity-of-citizenship grounds (Complaint ¶ 20). Because that invocation is somewhat problematic, this sua sponte memorandum order directs Bank of America's counsel to provide some further input on the subject.

According to the case caption, Crown is "acting for Wells Fargo Bank, N.A." ("Wells Fargo") in Wells Fargo's capacity as trustee for two sets of certificateholders. That would appear to make relevant, for diversity purposes, the citizenship of Wells Fargo (the real party in interest), rather than that of Crown as its agent.*fn1 And on that score the Complaint is silent.

Accordingly Bank of America's counsel is ordered to file an appropriate amendment to the Complaint (not a self-contained restatement of the entire Complaint) dealing with Wells Fargo's citizenship or, if the concern expressed here is without foundation, a statement as to why Crown's citizenship controls. ...


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