Toddella Brown et al v. Bayer Healthcare Pharmaceuticals Inc et al

Filing 6

ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED FOR LACK OF SUBJECT MATTER JURISDICTION by Judge Christina A. Snyder. Response to Order to Show Cause due by 6/7/2013. SEE ORDER. (im)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV13-3577-CAS(MRWx)

Title

TODDELLA BROWN, ET AL. v. BAYER HEALTHCARE
PHARMACEUTICALS, INC., ET AL.

Present: The Honorable

Date

May 29, 2013

CHRISTINA A. SNYDER

CATHERINE JEANG
Deputy Clerk

Not Present
Court Reporter / Recorder

N/A
Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants

Not Present

Not Present

Proceedings:

(In Chambers) ORDER TO SHOW CAUSE WHY ACTION
SHOULD NOT BE DISMISSED FOR LACK OF SUBJECT
MATTER JURISDICTION

On May 22, 2013, plaintiffs filed the instant action in this Court against defendant
Bayer Healthcare Pharmaceuticals, Inc. Plaintiffs’ complaint alleges the following claims
for relief: defective manufacturing, design defect, negligence, failure to warn, strict
liability, breach of implied warranty, breach of express warranty, negligent
misrepresentation, fraudulent misrepresentation, and fraud by concealment. Plaintiffs’
claims arise out of personal injuries allegedly suffered as a result of using the birthcontrol product Mirena.
It appears that the Court lacks subject matter jurisdiction over plaintiffs’ complaint.
Plaintiffs allege that the Court may exercise diversity jurisdiction over their complaint
pursuant to 28 U.S.C. § 1332. Among other things, a federal court can only exercise
diversity jurisdiction over a case if there is complete diversity between the plaintiffs and
defendants. Here, plaintiff Kristine Blake is a citizen of Delaware, and because defendant
Bayer Healthcare Pharmaceuticals, Inc. was incorporated in Delaware, it appears that the
requirement of complete diversity is not met. Compl. ¶¶ 2, 14.
Accordingly, plaintiffs are hereby ORDERED to SHOW CAUSE by June 7, 2013
why the instant action should not be dismissed for lack of subject matter jurisdiction.
IT IS SO ORDERED.
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Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

:

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CMJ

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