Alejandro Junger v. Bank of America et al
Filing
4
ORDER TO SHOW CAUSE by Judge Dale S. Fischer re jurisdiction. Response to Order to Show Cause due by 9/19/2011. See Minute Order for specifics. (dp)
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
MEMORANDUM
Case No.
Title
Date
CV 11-7217 DSF (FMOx)
9/9/11
Alejandro Junger v. Bank of America, et al.
Present: The
Honorable
DALE S. FISCHER, United States District Judge
Debra Plato
Deputy Clerk
Not Present
Court Reporter
Attorneys Present for Plaintiffs:
Attorneys Present for Defendants:
Not Present
Not Present
Proceedings:
(IN CHAMBERS) ORDER TO SHOW CAUSE RE LACK OF
SUBJECT MATTER JURISDICTION
“Federal courts are courts of limited jurisdiction” and “possess only that power
authorized by [the] Constitution and statute . . . .” Kokkonen v. Guardian Life Ins. Co.,
511 U.S. 375, 377 (1994). The party asserting federal jurisdiction has the burden to
prove that jurisdiction exists. Lewis v. Verizon Commc’ns, Inc., 627 F.3d 395, 399 (9th
Cir. 2010).
Plaintiff claims that the Court has subject matter jurisdiction pursuant to 28
U.S.C. § 1332, otherwise known as diversity jurisdiction. (Compl. ¶ 2.) Federal courts
have diversity jurisdiction over civil actions in which: (1) the amount in controversy
exceeds $75,000; and (2) there is complete diversity of citizenship between the opposing
parties. 28 U.S.C. § 1332(a). Citizenship of a natural person for diversity purposes
requires that the person be (1) a U.S. citizen and (2) a domiciliary of a particular state –
i.e., that the person resides in the state with the intent to remain. See Kanter v.
Warner-Lambert Co., 265 F.3d 853, 857 (9th Cir. 2001). Plaintiff fails to allege his own
citizenship because the Complaint states only that Plaintiff has owned real property in
California. (Compl. ¶ 7.)
Because Plaintiff’s allegations are inadequate to establish that diversity exists, the
Court orders Plaintiff to show cause by September 19, 2011 why this action should not be
dismissed for lack of subject matter jurisdiction.
IT IS SO ORDERED.
CV-90 (12/02)
MEMORANDUM
Page 1 of 2
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
MEMORANDUM
CV-90 (12/02)
MEMORANDUM
Page 2 of 2
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