Keefer v. U.S. Bank National Association

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WO
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
James Keefer,
Plaintiff,
v.
U.S. Bank National Association,
Defendant.
No. CV-26-08035-PCT-JJT
ORDER
Before the Court is Defendant U.S. Bank National Association’s Notice of
Suggestion of Bankruptcy (Doc. 10). While entitled a notice, the Court construes it as a
motion and requires briefing in accordance with Local Rule 7.2. However, briefing on this
Notice, as well as Defendant’s responsive pleading deadline, will be suspended until the
Court is satisfied that this District is the proper venue for this matter.
According to 28 U.S.C. § 1391(b), a civil action may be brought in the judicial
district in which the defendant resides, a substantial part of the events or omissions giving
rise to the claim occurred, or a substantial part of property underlying the action is situated.
If there is no judicial district that conforms to those categories, then a civil action may be
brought in the judicial district that maintains personal jurisdiction over the defendant. Id.
District courts may dismiss a complaint for improper venue sua sponte any time before the
defendant files a responsive pleading. Costlow v. Weeks, 790 F.2d 1486, 1488 (9th Cir.
1986); Zhu v. Whinery, 109 F. App’x 137, 138 (9th Cir. 2004).
. . .
Case 3:26-cv-08035-JJT Document 11 Filed 02/26/26 Page 1 of 3

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The record indicates that Defendant is a Minnesota citizen (Doc. 1 ¶ 4), Plaintiff is
an Oregon citizen (Doc. 1-1 at 3), and Plaintiff’s claims arise from Defendant’s alleged
mishandling of fees charged to Plaintiff’s bank account (id.). There is no apparent
connection to Arizona for the purposes of establishing venue under § 1391(b).
Accordingly, Plaintiff shall show cause why this matter should not be dismissed for
improper venue. If cause is shown, the Court will set a briefing schedule for the Notice of
Suggestion of Bankruptcy and a deadline by which Defendant shall file a responsive
pleading to Plaintiff’s Complaint.
Plaintiff should take notice that if he fails to timely comply with every provision of
this Order, or any other Order of the Court entered in this matter, Plaintiff’s Complaint and
this action may also be dismissed pursuant to Rule 41(b) of the Federal Rules of Civil
Procedure. See Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir. 1992) (holding that the
district court may dismiss an action for failure to comply with any order of the court), cert
denied, 506 U.S. 915 (1992). Therefore, Plaintiff is warned that failure to strictly adhere to
the provisions of this or any other Court Order may result in dismissal of the Plaintiff’s
Complaint pursuant to Rule 41. The Court also advises Plaintiff that certain resources for
self-represented parties, including a handbook and the Local Rules, are available on the
Court’s website, www.azd.uscourts.gov, by following the link “For Those Proceeding
Without an Attorney.”
IT IS HEREBY ORDERED that, no later than March 12, 2026, Plaintiff shall
show cause as to why this matter should not be dismissed for improper venue. Cause shall
be presented in a written brief not to exceed seventeen (17) pages. No responsive
memoranda are permitted.
. . .
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Case 3:26-cv-08035-JJT Document 11 Filed 02/26/26 Page 2 of 3

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IT IS FURTHER ORDERED that the deadlines for briefing on the Notice of
Suggestion of Bankruptcy (Doc. 10) and filing a responsive pleading to Plaintiff’s
Complaint (Doc. 1) are suspended until further Order of the Court.
Dated this 26th day of February, 2026.
Honorable John J. Tuchi
United States District Judge
Case 3:26-cv-08035-JJT Document 11 Filed 02/26/26 Page 3 of 3