Alexander Calderon v. CitiMortgage, Inc. et al

Filing 22

MINUTE ORDER IN CHAMBERS ORDER TO SHOW CASE RE (1) FAILURE TO APPEAR AT SCHEDULING CONFERENCE; AND (2) SUBJECT MATTER JURISDICTION by Judge Virginia A. Phillips.(Response to Order to Show Cause due by 1/30/2015.) (mrgo)

PRIORITY SEND
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES -- GENERAL
Case No. EDCV 14-01642-VAP (DTBx)

Date: January 14, 2015

Title:

ALEXANDER CALDERON, ETC. -v- CITIMORTGAGE, INC., ETC., ET
AL
===============================================================
PRESENT:
HONORABLE VIRGINIA A. PHILLIPS, U.S. DISTRICT JUDGE
Marva Dillard
Courtroom Deputy
ATTORNEYS PRESENT FOR
PLAINTIFFS:

None Present
Court Reporter
ATTORNEYS PRESENT FOR
DEFENDANTS:

None
PROCEEDINGS:

None
MINUTE ORDER TO SHOW CASE RE (1) FAILURE TO
APPEAR AT SCHEDULING CONFERENCE; AND (2)
SUBJECT MATTER JURISDICTION (IN CHAMBERS)

On January 5, 2015, the Court held a scheduling conference in this matter.
Lead trial counsel for the Plaintiff, Stephen R. Wade, did not appear. The Court's
Order Setting Scheduling Conference makes clear that all lead trial counsel must
appear at the scheduling conference, and that failure to comply may lead to
sanctions. (See Doc. No. 11.) Accordingly, the Court ORDERS Stephen R. Wade
to show cause why he should not be sanctioned $500 for his failure to appear at the
January 5, 2015 scheduling conference.
The Court also orders Plaintiff Alexander Calderon to show cause why this
case should not be dismissed for lack of subject matter jurisdiction. Plaintiff filed this
case under the diversity jurisdiction statute. See 28 U.S.C. § 1332. That statute
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EDCV 14-01642-VAP (DTBx)
ALEXANDER CALDERON, ETC. v. CITIMORTGAGE, INC., ETC., ET AL
MINUTE ORDER of January 14, 2015

requires, inter alia, that the amount in controversy exceed $75,000. See 28 U.S.C. §
1332(a). In his Rule 26(f) Report, Plaintiff stated he "no longer needs the injunctive
and specific performance relief requested in the Complaint." (See Doc. No. 15 at 5.)
The amount in controversy appears now, therefore, to be less than $75,000.
Accordingly, Plaintiff is ORDERED to show cause why this case should not be
dismissed for lack of subject matter jurisdiction. Plaintiff may vacate this order by
filing a notice of dismissal.
Stephen R. Wade and Plaintiff must each show cause, in writing, no later than
January 30, 2015.
IT IS SO ORDERED.

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