Jones et al v. Deutsche Bank National Trust Co. et al

Filing 17

ORDER TO SHOW CAUSE. Signed by Judge JEFFREY S. WHITE on 9/5/12. (jjoS, COURT STAFF) (Filed on 9/5/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JENNIE R. JONES and DAVID WYNN
MILLER,

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No. C 12-02624 JSW

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v.
For the Northern District of California

United States District Court

Plaintiffs,
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ORDER TO SHOW CAUSE

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DEUTSCHE BANK NATIONAL TRUST
CO., et al.,

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Defendants.
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Federal courts are under a duty to raise and decide issues of subject matter jurisdiction

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sua sponte at any time it appears subject matter jurisdiction may be lacking. Fed. R.

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Civ. P. 12; Augustine v. United States, 704 F.2d 1074, 1077 (9th Cir. 1983). If the Court

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determines that subject matter jurisdiction is lacking, the Court must dismiss the case. Id.; Fed.

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R. Civ. P. 12(h)(3). California superior courts are courts of general, unlimited jurisdiction and

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can render enforceable judgments in practically any type of case. However, federal courts have

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limited jurisdiction. Federal courts can only adjudicate cases which the Constitution or

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Congress authorize them to adjudicate: those cases involving diversity of citizenship (where

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the parties are from diverse states), or a federal question, or those cases to which the United

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States

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is a party. See, e.g., Kokkonen v. Guardian Life Insurance Co. of America, 511 U.S. 375

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(1994). Federal courts are presumptively without jurisdiction over civil cases and the burden of

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establishing the contrary rests upon the party asserting jurisdiction. Id. at 377.

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The complaint filed by Jennie R. Jones and David Wynn Miller (collectively,

Procedure 8(a), Plaintiffs failed to file a pleading setting forth the grounds upon which this

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Court has jurisdiction, “a short and plain statement of the claim showing that the pleader is

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entitled to relief, . . . and a demand for judgment for the relief the pleader seeks.” It is unclear

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to the Court the legal theories on which Plaintiffs seek relief, what relief they are, in fact,

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seeking, or the underlying factual basis for the suit. Therefore, Plaintiffs fail to allege sufficient

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facts to demonstrate there is any basis for federal jurisdiction. Accordingly, Plaintiffs are

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HEREBY ORDERED TO SHOW CAUSE (“OSC”) in writing, by September 21, 2012, why

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this action should not be dismissed for lack of jurisdiction. Plaintiffs are admonished that their

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For the Northern District of California

“Plaintiffs”) is completely incomprehensible. In contravention of Federal Rule of Civil

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United States District Court

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failure to response to the OSC by September 21, 2012 will result in a dismissal of this action.

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The Court advises Plaintiffs that the Handbook for Pro Se Litigants, contains helpful

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information about proceeding without an attorney, is available through the Court’s website or in

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the Clerk’s office. The Court also advises Plaintiffs that they also may wish to seek assistance

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from the Legal Help Center. Plaintiffs may call the Legal Help Center at 415-782-9000,

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extension 8657, or sign up on the 15th Floor of the Courthouse, Room 2796, for a free

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appointment with an attorney who may be able to provide basic legal help, but not legal

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representation.

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The Court HEREBY STRIKES the pending motions to dismiss and to strike filed by

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defendant Amy E. Starrett (“Starrett”). This Order is without prejudice to Starrett refiling these

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motions if it becomes clear that the Court has jurisdiction over this action.

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IT IS SO ORDERED.

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Dated: September 5, 2012
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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JENNIE R. JONES et al,

Case Number: CV12-02624 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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Defendant.

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For the Northern District of California

United States District Court

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DEUTSCHE BANK NATIONAL TRUST
CO. et al,

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on September 5, 2012, I SERVED a true and correct copy(ies) of the attached, by
placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter
listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an
inter-office delivery receptacle located in the Clerk's office.

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David Wynn Miller
5166 North 63rd Street
Milwaukee, WI 53218
Jennie R. Jones
1315 Court Street
Alameda, CA 94501

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Dated: September 5, 2012
Richard W. Winking, Clerk
By: Jennifer Ottolini, Deputy Clerk