Great American Insurance Company v. Rivas et al

Filing 3

ORDER TO SHOW CAUSE. Plaintiff is ordered to show cause, in writing and no later than October 24, 2008, why the action should not be dismissed for lack of subject matter jurisdiction. Signed by Judge Maxine M. Chesney on October 10, 2008. (mmclc2, COURT STAFF) (Filed on 10/10/2008)

1 2 3 4 5 6 7 8 9 10 For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 United States District Court GREAT AMERICAN INSURANCE COMPANY, Plaintiff, v. THEODORE THOMAS KEVIN RIVAS, et al., Defendants. / No. C-08-4639 MMC ORDER TO SHOW CAUSE IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Before the Court is plaintiff Great American Insurance Company's ("GAIC") Complaint in Interpleader, filed October 7, 2008 against nine claimants to a motor vehicle dealer bond (see Compl. ¶¶ 2, 19) and alleging jurisdiction based on diversity of citizenship (see id. ¶ 14.) Although GAIC identifies therein both the place of incorporation and principal place of business of itself and four of the five corporate entities named as defendants (see id. ¶¶ 4, 5, 7, 10, 14), GAIC fails to identify the principal place of business of defendant Dealer Services Corporation, the sole claimant not alleged to be a citizen of California. Consequently, GAIC has failed to demonstrate this Court has jurisdiction over the abovetitled action. See 28 U.S.C. §§ 1332(a), (c)(1), 1335; State Farm Fire & Cas. Co. v. Tashire, 386 U.S. 523, 530-31 (1967). //

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Accordingly, GAIC is hereby ORDERED TO SHOW CAUSE, in writing and no later than October 24, 2008, why the above-titled action should not be dismissed for lack of subject matter jurisdiction. IT IS SO ORDERED.

Dated: October 10, 2008

MAXINE M. CHESNEY United States District Judge

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