Alpha Wolves, LLC et al v. See You Soon Project, LLC

Filing 16

(IN CHAMBERS) ORDER TO SHOW CAUSE by Judge Fernando M. Olguin. Response to Order to Show Cause due by 5/24/2018. (vdr)

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

CV 18-3180 FMO (MRWx)

Title

Alpha Wolves, LLC, et al. v. See You Soon Project, LLC

Present: The Honorable

Date

May 17, 2018

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

“Federal courts are courts of limited jurisdiction. They possess only that power authorized
by Constitution and statute[.]” Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377, 114
S.Ct. 1673, 1675 (1994). The courts are presumed to lack jurisdiction unless the contrary appears
affirmatively from the record. See DaimlerChrysler Corp. v. Cuno, 547 U.S. 332, 342 n. 3, 126
S.Ct. 1854, 1861 (2006). Federal courts have a duty to examine jurisdiction sua sponte before
proceeding to the merits of a case, see Ruhrgas AG v. Marathon Oil, 526 U.S. 574, 583, 119 S.Ct.
1563, 1569 (1999), “even in the absence of a challenge from any party.” Arbaugh v. Y&H Corp.,
546 U.S. 500, 514, 126 S.Ct. 1235, 1244 (2006). The party asserting jurisdiction has the burden
of establishing subject matter jurisdiction. See Kokkonen, 511 U.S. at 377, 114 S.Ct. at 1675.
On April 16, 2018, plaintiffs filed a Complaint in this court. (See Dkt. 1, Complaint).
Jurisdiction is asserted on the basis of federal question jurisdiction pursuant to 28 U.S.C. §§ 1331,
1338(a) and (b), (see id. at ¶ 2), but the jurisdictional allegations appear to be defective. (See id.
at ¶¶ 1-2 & 12-15). Specifically, it is not clear that the case, which seeks only declaratory relief
as to the copyright claim, confers jurisdiction on the court.
The First Amended Complaint, filed on May 16, 2018, also appears to be defective. (See
Dkt. 13, First Amended Complaint at ¶¶ 1-2 & 17-24).
Based on the foregoing, IT IS ORDERED that:
1. No later than May 24, 2018, plaintiffs shall show cause in writing why this action should
not be dismissed for the reasons noted above. Failure to submit a response by the deadline set
forth above may be deemed as consent to the dismissal of the action without prejudice. Defendant
may submit a response in the same time period.
2. A copy of all papers filed with the court shall be delivered to the Clerk’s Office window
on the 4th Floor of the First Street Courthouse, 350 W. 1st Street, Los Angeles, CA 90012, no
later than 12:00 noon the following business day, no later than 12:00 noon the following
business day. All chambers copies shall comply fully with the document formatting requirements
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 18-3180 FMO (MRWx)

Title

Alpha Wolves, LLC, et al. v. See You Soon Project, LLC

Date

May 17, 2018

of Local Rule 11-3, including the “backing” requirements of Local Rule 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

:

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vdr

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