Kraft Americas LP v. Oldcastle Precast Inc
Filing
4
(IN CHAMBERS) ORDER TO SHOW CAUSE RE SUBJECT MATTER JURISDICTION by Judge John A Kronstadt. Response to Order to Show Cause due by 5/30/2012. (vdr)
<![CDATA[
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No.
LA CV12-03681 JAK (Ex)
Title
Kraft Americas, LP v. Oldcastle Precast, Inc.
Present: The Honorable
Date
May 16, 2012
JOHN A. KRONSTADT, UNITED STATES DISTRICT JUDGE
Andrea Keifer
Not Reported
Deputy Clerk
Court Reporter / Recorder
Attorneys Present for Plaintiffs:
Attorneys Present for Defendants:
Not Present
Not Present
Proceedings:
(IN CHAMBERS) ORDER TO SHOW CAUSE RE SUBJECT MATTER
JURISDICTION
In this action, Plaintiff Kraft Americas L.P. brings two state law causes of action against Defendant
Oldcastle Precast, Inc., arising out of an alleged breach of contract. Complaint (“Compl.”), Dkt. 1.
As a court of limited jurisdiction, see Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377
(1994), this Court must determine the issue of subject matter jurisdiction before reaching the merits of a
case, see Steel Co. v. Citizens for a Better Env’t., 523 U.S. 83, 94 (1998). Plaintiff seeks to invoke the
subject matter jurisdiction of this Court pursuant to 28 U.S.C. § 1332(a) (diversity jurisdiction). Compl. ¶ 2.
Diversity jurisdiction exists only where a civil action is between citizens of different states, and the amount
in controversy exceeds $75,000. 28 U.S.C. § 1332. Complete diversity of citizenship is required: “the
citizenship of each plaintiff [must be] different from that of each defendant.” Hunter v. Philip Morris USA,
582 F.3d 1039, 1043 (9th Cir. 2009). A limited partnership “is a citizen of all of the states of which its
partners are citizens.” Johnson v. Columbia Props. Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006). A
corporation is a citizen of its state of incorporation and the state of its principal place of business. 28
U.S.C. § 1332(c); Breitman v. May Co. Cal., 37 F.3d 562, 564 (9th Cir. 1994).
Plaintiff has satisfied the amount-in-controversy requirement because it requests damages in excess of
$75,000. Compl. ¶ 2. Plaintiff has properly pleaded Defendant’s citizenship, by alleging that Defendant is
a Washington corporation with its principal place of business in Washington state. Id. at ¶ 5. However,
Plaintiff has not adequately pleaded its own citizenship. Plaintiff pleads that it is a “Delaware limited
partnership.” Id. at ¶ 4. However, this is insufficient to establish Plaintiff’s citizenship because Plaintiff
does not plead the citizenship of its partners.
The party seeking to establish the Court’s jurisdiction bears the burden of establishing it. Kokkonen, 511
U.S. at 377. Here, Plaintiff has not properly pleaded its citizenship, and, therefore, has not established
diversity jurisdiction. Accordingly, the Court issues this Order to Show Cause Re Subject Matter
Jurisdiction. On or before May 30, 2012, the parties are to submit any memoranda, each of which is not to
exceed five pages, with respect to whether this Court has subject matter jurisdiction over this action.
CV-90 (10/08)
CIVIL MINUTES - GENERAL
Page 1 of 2
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No.
LA CV12-03681 JAK (Ex)
Date
Title
May 16, 2012
Kraft Americas, LP v. Oldcastle Precast, Inc.
Upon receiving these memoranda, the Court will determine whether a hearing on any issue raised is
required or if the matter can be addressed by the Court without a hearing.
IT IS SO ORDERED.
:
Initials of Preparer
CV-90 (10/08)
CIVIL MINUTES - GENERAL
ak
Page 2 of 2
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
