Jonathan Cy v. LGO Hospitality, LLC et al

Filing 6

MINUTE (In Chambers): ORDER DISMISSING PLAINTIFFS COMPLAINT FOR LACK OF SUBJECT MATTER JURISDICTION by Judge Michael W. Fitzgerald: Plaintiff has not adequately alleged that the Court has subject matter jurisdiction over this action. This action is D ISMISSED without prejudice for lack of complete diversity jurisdiction. This Order shall constitute notice of entry of judgment pursuant to Federal Rule of Civil Procedure 58. Pursuant to Local Rule 58-6, the Court ORDERS the Clerk to treat this order, and its entry on the docket, as an entry of judgment. (Made JS-6. Case Terminated.) (jp)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

JS-6

CIVIL MINUTES—GENERAL
Case No. CV-17-4888-MWF-ASx
Date: July 6, 2017
Title:
Jonathan Cy -v.- LGO Hospitality, LLC and Bonnie Joanne Miller
Present: The Honorable MICHAEL W. FITZGERALD, U.S. District Judge
Deputy Clerk:
Rita Sanchez

Court Reporter:
Not Reported

Attorneys Present for Plaintiff:
None Present

Attorneys Present for Defendant:
None Present

Proceedings (In Chambers): ORDER DISMISSING PLAINTIFF’S COMPLAINT
FOR LACK OF SUBJECT MATTER JURISDICTON
Before the Court is Plaintiff’s Complaint against Defendants LGO Hospitality,
LLC and Bonnie Joanne Miller (“Miller”), filed on July 3, 2017. (“Complaint,”
Docket No. 1).
This Court has a sua sponte obligation to confirm that it has subject matter
jurisdiction in its pending cases. In his Complaint, Plaintiff alleges subject matter
jurisdiction on the basis of diversity jurisdiction, 28 U.S.C. § 1332. (Complaint at 1).
Plaintiff claims to be a resident of Santa Monica, California. (Id.). Plaintiff also
alleges that Defendant Miller is a resident of Santa Monica, California. (Id. at 2).
Therefore, these parties both appear to be citizens of California. The Complaint thus
fails to allege complete diversity as required by § 1332.
Accordingly, Plaintiff has not adequately alleged that the Court has subject
matter jurisdiction over this action. This action is DISMISSED without prejudice for
lack of complete diversity jurisdiction.
This Order shall constitute notice of entry of judgment pursuant to Federal Rule
of Civil Procedure 58. Pursuant to Local Rule 58-6, the Court ORDERS the Clerk to
treat this order, and its entry on the docket, as an entry of judgment.
IT IS SO ORDERED.
______________________________________________________________________________
CIVIL MINUTES—GENERAL
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