Klein v. Golfswitch Incorporated et al
Filing
9
ORDER - IT IS ORDERED that this action is dismissed without prejudice for lack of subject matter jurisdiction. (See document for further details). Signed by Senior Judge Paul G Rosenblatt on 10/1/14. (LAD)
1
WO
2
3
4
5
6
IN THE UNITED STATES DISTRICT COURT
7
FOR THE DISTRICT OF ARIZONA
8
9
10
Shari Klein,
Plaintiff,
11
12
13
14
15
vs.
Golfswitch, Inc., et al.,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
No. CV-14-01679-PHX-PGR
ORDER
16
In a complaint filed on July 25, 2014, the plaintiff alleged that the Court has
17
diversity of citizenship jurisdiction over this action pursuant to 28 U.S.C. § 1332. In
18
an order (Doc. 8), entered on July 28, 2014, the Court dismissed the complaint for
19
lack of subject matter jurisdiction because the existence of diversity jurisdiction was
20
not evident from the face of the complaint inasmuch as the plaintiff had failed to
21
properly allege the citizenship of three of the four named parties. The Court
22
specifically informed the plaintiff in that order what the jurisdictional deficiencies
23
were, and required the plaintiff to file an amended complaint properly stating a
24
jurisdictional basis for this action no later than August 15, 2014. The Court further
25
informed the plaintiff that her failure to timely or sufficiently comply with the order
26
would result in the dismissal of this action for lack of subject matter jurisdiction.
1
A review of the Court’s docket record establishes that the plaintiff has to date
2
failed to comply with the Court’s order in any manner, i.e., she has not filed an
3
amended complaint, she has not sought an extension of time to do so, and she has
4
not communicated to the Court any inability on her part to comply with the order.1
5
Therefore,
6
7
8
IT IS ORDERED that this action is dismissed without prejudice for lack of
subject matter jurisdiction.
DATED this 1st day of October, 2014.
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
1
The Court notes that the notice of electronic filing for its July 28th
order shows that the order was sent to three different email addresses for the
plaintiff’s counsel.
-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?