Creditors Trade Association, Inc. v. Globalware Solutions, Inc. et al

Filing 48

ORDER DIRECTING PLAINTIFF TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED FOR LACK OF SUBJECT MATTER JURISDICTION Plaintiff is ordered to show cause, in writing and no later than May 10, 2013, why the instant action should not be dismissed for lack of subject-matter jurisdiction. Defendants Beatson and Viliesis shall file any response no later than May 17, 2013, on which date, unless the parties are otherwise advised, the Court will take the matter under submission. Signed by Judge Maxine M. Chesney on April 26, 2013. (mmclc1, COURT STAFF) (Filed on 4/26/2013)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA For the Northern District of California United States District Court 10 11 CREDITORS TRADE ASSOCIATION, INC., Plaintiff, 12 13 14 No. C-12-3110 MMC ORDER DIRECTING PLAINTIFF TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED FOR LACK OF SUBJECT MATTER JURISDICTION v. GLOBALWARE SOLUTIONS, INC., et al., Defendants. 15 / 16 17 In their Joint Case Management Statement, filed April 19, 2013, the parties set forth 18 their disagreement as to whether the parties are diverse in citizenship. Thereafter, at the 19 Case Management Conference, conducted April 26, 2013, counsel for defendants David I. 20 Beatson (“Beatson”) and John P. Viliesis (“Viliesis”) directed the Court’s attention to a 21 declaration, signed by defendant Beatson and filed January 25, 2013 in support of a motion 22 to set aside a default judgment, in which Beatson states he has resided in Hillsborough, 23 California since 1996.1 24 In light of the above-referenced evidence that Beatson is and for many years has 25 been a citizen of California, plaintiff is hereby ORDERED TO SHOW CAUSE, in writing and 26 no later than May 10, 2013, why the instant action should not be dismissed for lack of 27 1 28 In its complaint, filed June 15, 2012, plaintiff alleges jurisdiction is proper in the district court because it is a California corporation (see Compl. ¶ 1) and all defendants are “residents of Massachusetts” (see Compl. at 2:5, ¶ 4). 1 subject-matter jurisdiction. See Fed. R. Civ. P 12(h)(3) (“If the court determines at any 2 time that it lacks subject-matter jurisdiction, the court must dismiss the action.”). 3 Defendants Beatson and Viliesis shall file any response no later than May 17, 2013, on 4 which date, unless the parties are otherwise advised, the Court will take the matter under 5 submission. 6 IT IS SO ORDERED. 7 8 Dated: April 26, 2013 MAXINE M. CHESNEY United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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