Shovlin v. Careless et al

Filing 61

ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 5/17/2013 01:30 PM. Show Cause Response due by 5/10/2013. Hearing on Motion for Default Judgment continued to 5/17/2013 1:30 PM to be held contemporaneously with the Order to Show Cause Hearing. Signed by Judge Joseph C. Spero on May 2, 2013. (jcslc3, COURT STAFF) (Filed on 5/2/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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IAIN SHOVLIN,

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Plaintiff,

Case No.: C-12-01120 JCS
ORDER TO SHOW CAUSE

v.

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Northern District of California

United States District Court

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PAUL CARELESS, et al.,
Defendants.

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In his First Amended Verified Complaint (“FAC”), Plaintiff alleges ten causes of action –

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libel, slander per se, tortious interference with prospective economic advantage, tortious interference

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with contract, breach of fiduciary duty, negligent misrepresentation, intentional infliction of emotional

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distress, fraud, fraudulent concealment, and civil conspiracy – raising only issues of California state

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law and raising no federal issues. Plaintiff asserts only that this Court has diversity jurisdiction over

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this action. FAC, ¶ 1.

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In the FAC, Plaintiff states: “Plaintiff is a citizen of the United Kingdom who currently

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resides in Chicago.” FAC, ¶ 5. Further, Plaintiff identifies all Defendants in this action as citizens of

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the United Kingdom. FAC, ¶¶ 6-11. Accordingly, IT IS HEREBY ORDERED that Plaintiff appear

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on May 17, 2013 at 1:30 p.m. before Magistrate Judge Joseph C. Spero, in Courtroom G, 15th Floor,

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450 Golden Gate Avenue, San Francisco, California, and then and there show cause why this action

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should not be dismissed for lack of federal subject matter jurisdiction. See 28 U.S.C. § 1332;

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Montalet v. Murray, 8 U.S. (4 Cranch) 46, 47, 2 L.Ed. 545 (1807); see also Kramer v. Caribbean

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Mills, Inc., 394 U.S. 823, 824 n.2, 89 S.Ct. 1487, 23 L.Ed.2d 9 (1969) (stating that a district court

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would have no jurisdiction over a suit between foreign entities); Faysound Ltd. v. United Coconut

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Chemicals, Inc., 878 F.2d 290, 294 (9th Cir. 1989) (“Diversity jurisdiction does not encompass

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foreign plaintiffs suing foreign defendants”); Van Der Steen v. Sygen Intern., PLC, 464 F.Supp.2d

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931, 933-36 (N.D. Cal. 2006). Any written response to this Order to Show Cause shall be filed on or

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before May 10, 2013. The hearing on Plaintiff’s Motion for Default Judgment, currently scheduled

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for May 10, 2013 at 1:30 p.m., shall be continued to May 17, 2013 at 1:30 p.m. before Magistrate

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Judge Joseph C. Spero when it will be held contemporaneously with the hearing on this Order to

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Show Cause.

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IT IS SO ORDERED.

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Northern District of California

United States District Court

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Dated: May 2, 2013

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_________________________________

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JOSEPH C. SPERO
United States Magistrate Judge

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