NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAY 29 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
GERALDINE TRICE, No. 17-16833
Plaintiff-Appellant, D.C. No.2:16-cv-02101-GMN-
GWF
v.
NATIONAL DEFAULT SERVICING MEMORANDUM*
CORPORATION; et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the District of Nevada
Gloria M. Navarro, District Judge, Presiding
Submitted May 21, 2019**
Before: THOMAS, Chief Judge, LEAVY and FRIEDLAND, Circuit Judges.
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
*
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).
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.
2 17-16833