Humberto Daniel Klee et al v. Nissan North America Inc et al

Filing 23

ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED FOR LACK OF JURISDICTION by Judge Dean D. Pregerson: The court orders Plaintiffs to file a brief, not to exceed five pages, by Friday, January 4, 2013 to show cause why this action should not be dismissed for lack of subject matter jurisdiction (lc). Modified on 12/17/2012 (lc). Modified on 12/17/2012 (lc).

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1 2 O 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 HUMBERTO DANIEL KLEE and DAVID WALLAK, individually and on behalf of a class of similarly situated individuals, 14 15 16 Plaintiffs, v. NISSAN NORTH AMERICA, INC.; NISSAN MOTOR COMPANY, LTD, 17 Defendants. 18 ___________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CV 12-08238 DDP (PJWx) ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED FOR LACK OF JURISDICTION 19 20 Plaintiffs are ordered to show cause why this action should 21 not be dismissed for lack of subject matter jurisdiction. 22 U.S.C. ยง 1332(d)(4)(B), a district court must decline to exercise 23 jurisdiction when greater than two-thirds of the members of all 24 proposed plaintiff classes in the aggregate are citizens of the 25 State in which the action was originally filed. 26 Complaint, it is not clear what percentage of California citizens 27 the class comprises. 28 file a brief, not to exceed five pages, by Friday, January 4, 2013 Under 28 From the Accordingly, the court orders Plaintiffs to 1 to show cause why this action should not be dismissed for lack of 2 subject matter jurisdiction. 3 4 IT IS SO ORDERED. 5 6 7 Dated: December 17, 2012 DEAN D. PREGERSON United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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