Beijing Abace Biotechnology Co., Ltd., et al v. ADV Biolabs, Inc., et al

Filing 12

(IN CHAMBERS) ORDER TO SHOW CAUSE by Judge Fernando M. Olguin. Response to Order to Show Cause due by 5/18/2018. (vdr)

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

CV 18-3599 FMO (ASx)

Title

Beijing Abace Biotechnology Co., Ltd., et al. v. ADV Biolabs, Inc., et al.

Present: The Honorable

Date

May 14, 2018

Fernando M. Olguin, United States District Judge

Vanessa Figueroa

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: Jurisdiction

On April 27, 2018, plaintiffs filed a complaint against several defendants based on diversity
jurisdiction. (See Dkt. 1, Complaint). However, the jurisdictional allegations appear to be
defective since plaintiff Beijing Abace Biotechnology Co., Ltd, is a Chinese limited liability company
that is “100% owned” by Wen Yi Zhang, (see id. at ¶ 6), but the Complaint does not set forth Wen
Yi Zhang’s citizenship. (See, generally, Complaint). Moreover, the Complaint sets forth the
residence, rather than the citizenship, of some of the parties. Diversity is based on citizenship,
not residency.
Accordingly, IT IS ORDERED that no later than May 18, 2018, plaintiffs shall show cause
in writing why this action should not be dismissed for lack of diversity jurisdiction. The response
shall include as necessary declarations regarding citizenship. Failure to respond to the OSC
by the deadline set forth above shall be deemed as consent to dismissal of the action for
lack of subject matter jurisdiction.

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Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

:

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vdr

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