Young v. Annanias & Sapphira Investors Group et al
Filing
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ORDER that by January 25, 2017, Plaintiff shall file a supplement to the complaint properly alleging federal subject matter jurisdiction or this case will be dismissed, without prejudice, for lack of jurisdiction. Signed by Senior Judge James A Teilborg on 1/3/17. (LSP)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Steven K Young,
Plaintiff,
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ORDER
v.
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No. CV-16-04545-PHX-JAT
Annanias & Sapphira Investors Group, et
al.,
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Defendants.
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Federal courts are courts of limited jurisdiction. As a result, they can hear only
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those cases that the Constitution and Congress have authorized them to adjudicate:
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namely, cases involving diversity of citizenship, a federal question, or cases to which the
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United States is a party. Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377
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(1994). The party asserting jurisdiction bears the burden of proving a jurisdictional basis
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exists. Id. In this case, because Plaintiff filed his suit in federal district court, he must
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show that the federal court is authorized to hear the case.
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In the complaint, Plaintiff claims jurisdiction under 28 U.S.C. § 1331 (federal
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question jurisdiction). Doc. 1 at 4. However, none of Plaintiff’s three causes of action
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(slander of title, quiet title, or declaratory relief) presents a federal question.
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Plaintiff also alleges jurisdiction based on 28 U.S.C. § 1332 (diversity
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jurisdiction). Id. However, Plaintiff fails to sufficiently plead diversity jurisdiction.
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Specifically, Plaintiff fails to allege a principal place of business for either corporate
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Defendant. See Hertz Corp. v. Friend, 559 U.S. 77, 80, 92-93 (2010) (discussing the
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citizenship of a corporation).
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Based on the foregoing,
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IT IS ORDERED that by January 25, 2017, Plaintiff shall file a supplement to the
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complaint properly alleging federal subject matter jurisdiction or this case will be
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dismissed, without prejudice, for lack of jurisdiction.
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Dated this 3rd day of January, 2017.
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