David Kleis v. Estate of Dennis Leung et al

Filing 7

ORDER TO SHOW CAUSE RE: SUBJECT MATTER JURISDICTION by Judge Beverly Reid O'Connell. The Court ORDERS Plaintiff to show cause why this case should not be dismissed for lack of subject matter jurisdiction. Plaintiff must respond by September 22, 2014. (rfi)

LINK:
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No.

CV 14-06939 BRO (PLAx)

Title

DAVID KLEIS V. ESTATE OF DENNIS LEUNG ET AL

Date

September 12, 2014

Present: The Honorable

BEVERLY REID O’CONNELL, United States District Judge

Renee A. Fisher

Not Present

N/A

Deputy Clerk

Court Reporter

Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not Present

Not Present

Proceedings:

(IN CHAMBERS)

ORDER TO SHOW CAUSE RE: SUBJECT MATTER JURISDICTION
A federal court must determine its own jurisdiction even if there is no objection.
Rains v. Criterion Sys., Inc., 80 F.3d 339, 342 (9th Cir. 1996). Because federal courts are
of limited jurisdiction, they possess original jurisdiction only as authorized by the
Constitution and federal statute. See Kokkonen v. Guardian Life Ins. Co. of Am., 511
U.S. 375, 377 (1994). Original jurisdiction may be established pursuant to 28 U.S.C.
§ 1332(a)(1). Jurisdiction under §1332 requires that the parties be completely diverse
and the amount in controversy exceed $75,000. 28 U.S.C. §1332(a)–(b). A district court
may inquire at any time whether the requirements for diversity jurisdiction are met.
McNutt v. Gen. Motors Acceptance Corp. of Indiana, 298 U.S. 178, 189 (1936). A
plaintiff must allege facts in the pleading establishing jurisdiction. Id.
The Court ORDERS Plaintiff to show cause why this case should not be dismissed
for lack of subject matter jurisdiction. Plaintiff must respond by September 22, 2014.
:

IT IS SO ORDERED.
Initials of Preparer

rf

CV-90 (06/04)

CIVIL MINUTES – GENERAL

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