Xerox Corporation v. M A E Z E L L Inc et al
Filing
4
(IN CHAMBERS) ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF SUBJECT MATTER JURISDICTION by Judge Dale S. Fischer. Response to Order to Show Cause due by 6/1/2012. (vdr)
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.
Title
Date
CV 12-1294 DSF (AGRx)
5/18/12
Xerox Corporation v. M.A.E.Z.E.L.L., Inc.
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 Dismissal for 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. ¶ 1.) 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). Complete diversity is not established because Plaintiff fails to
properly Defendant’s citizenship.
A corporation is a citizen of both its state of incorporation and the state in which its
principal place of business is located. 28 U.S.C. § 1332(c)(1). Plaintiff alleges that
Defendant is a Delaware corporation but fails to allege Defendant’s principal place of
business. (Id. ¶ 4.) Therefore, complete diversity cannot be determined.
Because Plaintiff does not adequately allege Defendant’s citizenship, the Court
orders Plaintiff to show cause in writing on or before June 1, 2012 why this action should
not be dismissed for lack of subject matter jurisdiction.
IT IS SO ORDERED.
CV-90 (12/02)
CIVIL MINUTES - GENERAL
Page 1 of 1
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