James Wong v. Qingdao Yijia Native Import & Export Ltd et al

Filing 6

ORDER TO SHOW CAUSE RE: SUBJECT MATTER JURISDICTION by Judge Ronald S.W. Lew. It is unclear whether complete diversity of citizenship exists between the Parties.Response to Order to Show Cause due by 10/23/2013. No hearing will be held and the matter will stand submitted upon the filing of Plaintiff's response. (jre)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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11 JAMES WONG,
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Plaintiff,
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v.
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QINGDAO YIJIA NATIVE IMPORT )
& EXPORT, LTD., DOES 1-10, )
inclusive,
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Defendants.
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CV-13-07207 RSWL-FFM
ORDER TO SHOW CAUSE RE:
SUBJECT MATTER
JURISDICTION

The Court is in receipt of Plaintiff James Wong’s

20 (“Plaintiff”) Complaint.

The Court hereby ORDERS

21 Plaintiff to show cause why this case should not be
22 dismissed for lack of subject matter jurisdiction.
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Federal courts are courts of limited jurisdiction,

24 and the burden of establishing jurisdiction rests upon
25 the party asserting jurisdiction.

See Kokkonen v.

26 Guardian Life Ins. Co., 511 U.S. 375, 377 (1994).
27 District courts have original jurisdiction over: (1)
28 civil actions against foreign states; (2) civil actions
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1 arising under the Constitution, laws or treaties of the
2 United States; and (3) civil actions where there is
3 complete diversity of citizenship among the parties and
4 the amount in controversy exceeds $75,000, exclusive of
5 interest and costs.
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28 U.S.C. §§ 1331-1334.

For the purposes of 28 U.S.C. § 1332, “a

7 corporation shall be deemed to be a citizen of every
8 State and foreign state by which it has been
9 incorporated and of the State or foreign state where it
10 has its principal place of business.”

28 U.S.C. §

11 1332(c)(1).
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Although Plaintiff asserts in his Complaint that

13 Qingdao Yijia Native Import & Export, Ltd.
14 (“Defendant”) is a foreign corporation incorporated in
15 the People’s Republic of China, Plaintiff does not
16 indicate where Defendant has its principal place of
17 business.

Thus, it is unclear whether complete

18 diversity of citizenship exists between the Parties.
19 Accordingly, the Court hereby orders Plaintiff to show
20 cause, in writing, by October 23, 2013 as to why this
21 case should not be dismissed for lack of subject matter
22 jurisdiction.

No hearing will be held and the matter

23 will stand submitted upon the filing of Plaintiff’s
24 response.
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IT IS SO ORDERED.

26 DATED: 10/10/13
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HONORABLE RONALD S.W. LEW
Senior, U.S. District Court Judge

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