JBR, Inc v. Cafe Don Paco, Inc et al

Filing 56

ORDER TO SHOW CAUSE and for Further Briefing. Show Cause Response due by 6/20/2014. Signed by Judge Nathanael M. Cousins on June 6, 2014. (nclc1S, COURT STAFF) (Filed on 6/6/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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JBR, INC., a California corporation, doing

12 business as ROGERS FAMILY COMPANY,
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Plaintiff,

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ORDER TO SHOW CAUSE AND
FOR FURTHER BRIEFING

v.

15 CAFÉ DON PACO, INC.; ALVARO
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Case No. 12-cv-02377 NC

Re: Dkt. No. 40

MONTEALGRE, aka ALVARO E.
MONTEALEGRE RIVAS; ROBERTO
BENDAÑA, aka ROBERTO BENDAÑA
McEWAN,
Defendants.

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The Court is prepared to issue its report and recommendation as to plaintiff’s motion

21 for default judgment. However, two impediments remain. First, plaintiff must show cause
22 why this action should not be dismissed for lack of subject matter jurisdiction, because
23 plaintiff has failed to allege that defendant Montealegre is a citizen of another state and thus
24 diverse from plaintiff. See Dkt. No. 1 at ¶ 4 (alleging defendant Montealegre “is a resident
25 of Texas.”); Kanter v. Warner-Lambert Co., 265 F.3d 853, 857 (9th Cir. 2001) (“The
26 natural person’s state citizenship is then determined by her state of domicile, not her state of
27 residence. A person’s domicile is her permanent home, where she resides with the intention
28 to remain or to which she intends to return.”).
Case No. 12-cv-02377 NC
ORDER TO SHOW CAUSE AND FOR
FURTHER BRIEFING

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Second, plaintiff’s counsel must provide support showing that his hourly rate is

2 reasonable. See Schwarz v. Sec’y of Health & Human Servs., 73 F.3d 895, 908 (9th Cir.
3 1995) (“To inform and assist the court in the exercise of its discretion, [t]he fee applicant
4 has the burden of producing satisfactory evidence, in addition to the affidavits of its
5 counsel, that the requested rates are in line with those prevailing in the community for
6 similar services of lawyers of reasonably comparable skill and reputation.”). Plaintiff’s
7 counsel may do so by providing affidavits of other counsel with similar backgrounds and
8 rates, by pointing to cases from this District awarding similar rates to attorneys with
9 comparable backgrounds, or by showing that the Court has previously awarded plaintiff’s
10 counsel a similar rate.
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Plaintiff must respond to the order to show cause and submit counsel’s declaration

12 supporting his hourly rate for attorney’s fees, within fourteen days of this order.
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IT IS SO ORDERED.

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Date: June 6, 2014

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_________________________
Nathanael M. Cousins
United States Magistrate Judge

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Case No. 12-cv-02377 NC
ORDER TO SHOW CAUSE AND FOR
FURTHER BRIEFING

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