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

Filing 60

ORDER TO SHOW CAUSE. Show Cause Response due by 8/5/2014. Signed by Judge Nathanael M. Cousins on July 29, 2014. (nclc1S, COURT STAFF) (Filed on 7/29/2014)

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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,

Case No. 12-cv-02377 NC
ORDER TO SHOW CAUSE

v.

15 CAFÉ DON PACO, INC.; ALVARO

Re: Dkt. No. 59

MONTEALGRE, aka ALVARO E.

16 MONTEALEGRE RIVAS; ROBERTO
BENDAÑA, aka ROBERTO BENDAÑA

17 McEWAN,
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Defendants.

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Plaintiff must show cause why this action should not be dismissed for lack of subject

21 matter jurisdiction, because plaintiff has failed to allege that defendant Montealegre was
22 diverse from plaintiff at the time this action was initiated. Despite explicitly instructing
23 plaintiff that it could only amend the complaint if it could allege that “Montealegre [was] an
24 alien or citizen of a diverse state at the time of initiating the lawsuit, not at an earlier or later
25 time,” Dkt. No. 58 at 2, plaintiff has instead amended the complaint to allege that
26 Montealegre “is a citizen of Nicaragua.” Dkt. No. 59 at ¶ 4. The Court must assess
27 whether diversity existed at the time plaintiff initiated this lawsuit, not whether diversity
28 existed on July 17, 2014, when plaintiff amended its complaint. See Grupo Dataflux v.
Case No. 12-cv-02377 NC
ORDER TO SHOW CAUSE

1 Atlas Global Grp., L.P., 541 U.S. 567, 570 (2004) (“the jurisdiction of the court depends
2 upon the state of things at the time of the action brought”) (quoting Mollan v. Torrance, 22
3 U.S. 537, 539 (1824)).
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Therefore, within seven days of this order, plaintiff must show cause why its first

5 amended complaint should not be dismissed for lack of subject matter jurisdiction.
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IT IS SO ORDERED.

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Date: July 29, 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

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