Sandra Burga et al v. The Hain Celestial Group, Inc.

Filing 18

ORDER TO SHOW CAUSE Concerning Subject Matter Jurisdiction by Judge Andrew J. Guilford. Accordingly, the Court ORDERS Plaintiffs to show cause in writing within 14 days of this Order why this action should not be dismissed for lacking minimum diversity. Defendant may submit a response within seven days of Plaintiffs' filing. Alternatively, Plaintiffs may stipulate to a dismissal. See document for further details. (mba)

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

SACV 15-115 AG (JCGx)

Title

SANDRA BURGA, et al. v. THE HAIN CELESTIAL GROUP, INC.

Present: The
Honorable

April 21, 2015

ANDREW J. GUILFORD

Lisa Bredahl
Deputy Clerk
Attorneys Present for Plaintiffs:
Proceedings:

Date

Not Present
Court Reporter / Recorder

Tape No.

Attorneys Present for Defendants:

[IN CHAMBERS] ORDER TO SHOW CAUSE
CONCERNING SUBJECT MATTER JURISDICTION

Plaintiffs Sandra Burga and Alison Conforti (collectively, “Plaintiffs”) filed this putative class
action against Defendant The Hain Celestial Group, Inc. (“Defendant”) alleging that
Defendant falsely markets its teas as “100% Natural.” (Dkt. No. 1.) Plaintiffs assert that the
Court has subject matter jurisdiction over this action under the Class Action Fairness Act
(“CAFA”).
LEGAL STANDARD
“Federal courts ‘jealously’ guard their own jurisdiction and, where appropriate, will dismiss a
case for lack of subject matter jurisdiction even if the issue is not raised by the parties.” RDF
Media Ltd. v. Fox Broad. Co., 372 F. Supp. 2d 556, 560 (C.D. Cal. 2005). “The plaintiff in a
case bears the burden of establishing that the court has jurisdiction.” Id. at 560 (citing Rio
Props., Inc. v. Rio Int’l Interlink, 284 F.3d 1007, 1019 (9th Cir. 2002)).
CAFA vests the Court with “original jurisdiction of any civil action in which the matter in
controversy exceed the sum or value of $5,000,000, exclusive of interest and costs” and
where “any member of a class of plaintiffs is a citizen of a State different from any
defendant.” See 28 U.S.C. 1332(d).
CIVIL MINUTES - GENERAL
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

SACV 15-115 AG (JCGx)

Date

April 21, 2015

Title

SANDRA BURGA, et al. v. THE HAIN CELESTIAL GROUP, INC.

ANALYSIS
The Complaint states that Plaintiff Burga is a resident of Orange County, California and that
Plaintiff Conforti is a resident of Brooklyn, Kings County, New York. (Complaint, Dkt. No.
1, at 8.) Plaintiffs do not allege their citizenship and without that information, the Court
cannot determine whether minimum diversity exists to satisfy CAFA’s requirements.
DISPOSITION
Accordingly, the Court ORDERS Plaintiffs to show cause in writing within 14 days of this
Order why this action should not be dismissed for lacking minimum diversity. Defendant
may submit a response within seven days of Plaintiffs’ filing. Alternatively, Plaintiffs may
stipulate to a dismissal.

:
Initials of
Preparer

CIVIL MINUTES - GENERAL
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