Djokic v. Capital One Bank (USA), N.A.

Filing 8

(IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL by Judge Fernando M. Olguin. Response to Order to Show Cause due by 4/1/2014. (vdr)

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

CV 14-1570 FMO (FFMx)

Title

Lazar Djokic, et al. v. Capital One Bank U.S.A., N.A.

Present: The Honorable

Date

March 25, 2014

Fernando M. Olguin, United States District Judge

Vanessa Figueroa

None

None

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorney Present for Plaintiff(s):

Attorney Present for Defendant(s):

None Present

None Present

Proceedings:

(In Chambers) Order to Show Cause Re: Dismissal

On March 3, 2014, plaintiff filed a Complaint in this court. However, the jurisdictional
allegations appear to be defective for the following reasons:
(1) Jurisdiction is asserted on the basis of diversity jurisdiction pursuant to 28 U.S.C. §
1332. The defendant is a corporation. The complaint is deficient because it does not state
both defendant’s state of incorporation and principal place of business. See 28 U.S.C. §
1332(c).
(2) Jurisdiction is asserted on the basis of diversity jurisdiction pursuant to 28 U.S.C. §
1332(a) and the action is a class action. The pleadings do not sufficiently allege that the
named plaintiff has a claim exceeding $75,000, as the amount of damages that plaintiff
seeks is unclear from the Complaint. Where the action does not implicate a common fund
or a joint interest, at least one of the named plaintiffs must meet the amount in controversy
requirement. See Exxon Mobil Corp. v. Allapattah Servs., Inc., 545 U.S. 546, 559, 125
S.Ct. 2611, 2621 (2005) (a district court that has jurisdiction over a single claim in a
complaint has jurisdiction over the entire action).
Accordingly, IT IS ORDERED that:
1. No later than April 1, 2014, plaintiff shall show cause in writing why this action should
not be dismissed for the reasons noted above. The filing of a First Amended Complaint setting
forth sufficient jurisdictional allegations shall be a sufficient response to the OSC. Failure to
submit a response by the deadline set forth above may be deemed as consent to the dismissal
of the action without prejudice. Defendants may submit a response in the same time period.
2. A copy of all papers filed with the court shall be delivered to the drop box outside
chambers at Suite 520, Spring Street Courthouse, 312 North Spring Street, no later than 12:00
noon the following business day. All chambers copies shall comply fully with the document
formatting requirements of Local Rule 11-3, including the “backing” requirements of Local Rule
CV-90 (06/04)

CIVIL MINUTES - GENERAL

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

CV 14-1570 FMO (FFMx)

Date

Title

Lazar Djokic, et al. v. Capital One Bank U.S.A., N.A.

March 25, 2014

11-3.5. Counsel may be subject to sanctions for failure to deliver a mandatory chambers copy in
full compliance with this Order and Local Rule 11-3.

00
Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

:

00

vdr

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