NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS FEB 23 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
FELICIA TUITAMA, an individual, No. 15-55650
Plaintiff-Appellant, D.C. No. 2:14-cv-09956-MMM-
AGR
v.
NATIONSTAR MORTGAGE, LLC, a MEMORANDUM*
corporation; et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the Central District of California
Margaret M. Morrow, District Judge, Presiding
Submitted February 14, 2017**
Before: GOODWIN, FARRIS, and FERNANDEZ, Circuit Judges.
Felicia Tuitama appeals pro se from the district court’s judgment dismissing
her diversity action alleging state law claims related to the foreclosure of her
property. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
denial of a motion to remand. Hamilton Materials, Inc. v. Dow Chemical Corp.,
494 F.3d 1203, 1206 (9th Cir. 2007). We affirm.
The district court properly concluded that defendants’ removal of Tuitama’s
state law action was timely because it was filed within 30 days after defendant
Sage Point Lender Services, LLP became a nominal defendant and thus rendered
this action removable. See 28 U.S.C. § 1446(b)(3) (“[I]f the case stated by the
initial pleading is not removable, a notice of removal may be filed within 30 days
after receipt by the defendant . . . of a copy of an amended pleading, motion, order
or other paper from which it may first be ascertained that the case is one which is
or has become removable.”); see also Bates v. Mortg. Elec. Registration Sys., Inc.,
694 F.3d 1076, 1080 (9th Cir. 2012) (“[C]ourts must disregard nominal or formal
parties and rest jurisdiction only upon the citizenship of real parties to the
controversy.” (citation and internal quotation marks omitted)).
Contrary to Tuitama’s contention, raised for the first time in her reply brief,
complete diversity exists over this action. See 28 U.S.C. § 1332(a)(1); see also In
re Digimarc Corp. Derivative Litig., 549 F.3d 1223, 1234 (9th Cir. 2008)
(“Diversity jurisdiction requires complete diversity between the parties – each
defendant must be a citizen of a different state from each plaintiff.”). That
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Tuitama’s husband – who Tuitama now claims is an indispensable party – is, like
her, a citizen of Georgia, is irrelevant for purposes of determining whether
complete diversity exists.
AFFIRMED.
3 15-55650