Meza-Cota, et al v. Bridgestone Americas Tire Operations, LLC, et al

Filing 14

ORDER that by 02/23/10, Plas (who are the parties asserting jurisdiction and therefore have the burden of pleading jurisdiction, see Industrial Tectonics v. Aero Alloy, 912 F.2d 1090, 1092 (9th Cir. 1990)) shall file an amended complaint properly alleging federal subject matter jurisdiction, or this case will be dismissed without prejudice for lack of federal subject matter jurisdiction. Signed by Judge James A Teilborg on 02/10/10. (ESL)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WO IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA RIGOBERTO MEZA COTA; et al., Plaintiffs, vs. BRIDGESTONE AMERICAS OPERATIONS, LLC; et al., Defendants. ) ) ) ) ) ) ) TIRE) ) ) ) ) ) No. CV 09-2704-PHX-JAT ORDER "Inquiring whether the court has jurisdiction is a federal judge's first duty in every case." Belleville Catering Co. v. Champaign Market Place, L.L.C., 350 F.3d 691, 693 (7th Cir. 2003). In this case, the complaint fails to sufficiently plead jurisdiction. See 28 U.S.C. 1332; Johnson v. Columbia Properties Anchorage, L.P., 437 F.3d 894, 899 (9th Cir. 2006) (discussing the citizenship of a limited liability company); Faysound Ltd. v. United Coconut Chems., 878 F.2d 290, 294 (9th Cir. 1989) (discussing that complete diversity is lacking when plaintiff and defendant are both foreign). Accordingly, /// /// /// /// /// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS ORDERED that by February 23, 2010, Plaintiffs (who are the parties asserting jurisdiction and therefore have the burden of pleading jurisdiction, see Industrial Tectonics v. Aero Alloy, 912 F.2d 1090, 1092 (9th Cir. 1990)) shall file an amended complaint properly alleging federal subject matter jurisdiction, or this case will be dismissed without prejudice for lack of federal subject matter jurisdiction. DATED this 10th day of February, 2010. -2-

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