Dean Azzeh D.D.S., Inc. v. Ziegler Practice Transitions, Ltd.

Filing 11

MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE CONCERNING SUBJECT MATTER JURISDICTION by Judge Andrew J. Guilford. "Nothing is to be more jealously guarded by a court than its jurisdiction." See United States v. Ceja-Prado, 333 F.3d 1046, 105 1 (9th Cir. 2003) (internal quotation marks omitted). Accordingly, the Court ORDERS Ziegler Practice Transitions to appear on February 12, 2018 at 9:00 a.m. to show cause why this case should not be dismissed for lack of subject matter jurisdict ion. Other parties may, but need not, attend the hearing as well. The Court also ORDERS Ziegler Practice Transitions to file with the Court a document showing its amountin-controversy calculations, including present value by February 5, 2018. (see document for details). (dro)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES – GENERAL
Case No. SACV 18-00002 AG (KESx)
Date
Title

January 30, 2018

DEAN AZZEH D.D.S., INC. v. ZIEGLER PRACTICE TRANSITIONS,
LTD.

Present: The Honorable
ANDREW J. GUILFORD
Lisa Bredahl
Not Present
Deputy Clerk
Court Reporter / Recorder
Tape No.
Attorneys Present for Plaintiffs:
Attorneys Present for Defendants:
Proceedings:

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

“Federal courts are courts of limited jurisdiction,” and they possess “only that power
authorized by Constitution and statute.” Kokkonen v. Guardian Life Ins. Co. of America, 511 U.S.
375, 377 (1994). Defendant Ziegler Practice Transitions, Ltd. invoked that limited jurisdiction
when it filed a notice of removal in this Court. See id. (“It is to be presumed that a cause lies
outside of [a federal court’s] limited jurisdiction,” and “the burden of establishing the contrary
rests upon the party asserting jurisdiction.”).
So what’s the basis for jurisdiction? Ziegler Practice Transitions says that this Court has
“diversity jurisdiction.” See U.S. Const. art. III, § 2 (“The judicial Power shall extend to all
Cases . . . between Citizens of different States.”); 28 U.S.C. § 1332(a) (“The district courts
shall have original jurisdiction of all civil actions where the matter in controversy exceeds the
sum or value of $75,000, exclusive of interests and costs, and is between . . . citizens of
different States.”).
Plaintiff is a citizen of California, and Ziegler Practice Transitions, as a limited liability
company whose sole member is a citizen of Ohio, is itself a citizen of Ohio. Those
representations are well taken. The same cannot be said about Defendant’s very brief
assertions about the amount in controversy.
A defendant seeking to remove a case to a federal court need only file a notice of removal
“containing a short and plain statement of the grounds for removal.” 28 U.S.C. § 1446(a).
CIVIL MINUTES – GENERAL
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES – GENERAL
Case No. SACV 18-00002 AG (KESx)
Date
Title

January 30, 2018

DEAN AZZEH D.D.S., INC. v. ZIEGLER PRACTICE TRANSITIONS,
LTD.

Ordinarily, “the defendant’s amount-in-controversy allegation should be accepted when not
contested by the plaintiff or questioned by the court.” Dart Cherokee Basin Operating Co., LLC v.
Owens, 135 S. Ct. 547, 553 (2014). But if the plaintiff or the Court does contest that allegation,
then “removal . . . is proper on the basis of an amount in controversy asserted” by the
defendant “if the district court finds, by the preponderance of the evidence, that the amount in
controversy exceeds” the relevant jurisdictional threshold. See 28 U.S.C. § 1446(c)(2)(B)
(emphasis added).
“Nothing is to be more jealously guarded by a court than its jurisdiction.” See United States v.
Ceja-Prado, 333 F.3d 1046, 1051 (9th Cir. 2003) (internal quotation marks omitted).
Accordingly, the Court ORDERS Ziegler Practice Transitions to appear on February 12,
2018 at 9:00 a.m. to show cause why this case should not be dismissed for lack of subject
matter jurisdiction. Other parties may, but need not, attend the hearing as well. The Court also
ORDERS Ziegler Practice Transitions to file with the Court a document showing its amountin-controversy calculations, including present value by February 5, 2018.
:
Initials of Preparer

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