Hung Duong v. ITT Educational Services, Inc. et al

Filing 9

ORDER TO SHOW CAUSE RE: SUBJECT MATTER JURISDICTION. Defendants must show cause why this action should not be remanded to state court within fourteen days of this order. Plaintiff's response due within seven days of defendants submission. Signed by Judge Nathanael Cousins on 6/16/2014. (lmh, COURT STAFF) (Filed on 6/16/2014)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 HUNG DUONG, Case No. 14-cv-02653 NC Plaintiff, 13 ORDER TO SHOW CAUSE RE: SUBJECT MATTER JURISDICTION v. 14 ITT EDUCATIONAL SERVICES, INC., and 15 others, 16 Re: Dkt. No. 1 Defendants. 17 18 Defendants removed this employment discrimination case to federal court on June 9, 19 2014. Defendants’ stated basis for removal is diversity jurisdiction. Although defendants 20 have sufficiently pointed to allegations in the complaint showing that the amount in 21 controversy exceeds $75,000, the Court requires additional briefing to determine whether 22 diversity jurisdiction exists, given that both plaintiff and two of the named defendants are 23 citizens of California. Therefore, defendants must show cause within fourteen days of this 24 order, in a brief not to exceed ten pages, why this action should not be remanded to state 25 court for lack of federal subject matter jurisdiction. Plaintiff must respond or state its 26 nonopposition, in a brief not to exceed ten pages, within seven days of defendants’ 27 submission. 28 Case No. 14-02653 NC ORDER TO SHOW CAUSE RE: SUBJECT MATTER JURISDICTION 1 IT IS SO ORDERED. 2 Date: June 16, 2014 3 _________________________ Nathanael M. Cousins United States Magistrate Judge 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. 14-02653 NC ORDER TO SHOW CAUSE RE: SUBJECT MATTER JURISDICTION 2

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