Villar v. Tipsor et al

Filing 7

ORDER TO SHOW CAUSE: Order to Show Cause Hearing set for 3/17/2016 10:00 AM. Show Cause Response due by 3/3/2016. Signed by Judge Maria-Elena James on 2/22/2016. (cdnS, COURT STAFF) (Filed on 2/22/2016)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 DARIO CAMPOS VILLAR, Case No. 16-cv-00816-MEJ Plaintiff, 8 v. ORDER TO SHOW CAUSE 9 10 MICHAEL TIPSOR, et al., Defendants. United States District Court Northern District of California 11 12 13 Plaintiff Dario Campos Villar filed this case on February 18, 2016, seeking damages 14 related to a car accident that occurred on November 10, 2015. He bring claims for “Insurance Bad 15 Faith, Personal Injury, Negle[c]t, Elder Abused, Damages, Intentional Tort, Plot, Discrimination, 16 [and] Intentional Plot.” Compl. at 1, Dkt. No. 1. To the extent Plaintiff brings actionable claims, 17 they are based in state tort law. Further, he brings his claims against several named defendants 18 that appear to be residents of California. As such, it appears that jurisdiction is lacking and any 19 claims Plaintiff may have are properly raised in state court. 20 Accordingly, the Court hereby ORDERS Plaintiff Dario Campos Villar to show cause why 21 this case should not be dismissed for lack of subject matter jurisdiction. There are two bases for 22 federal subject matter jurisdiction: (1) federal question jurisdiction under 28 U.S.C. § 1331 and (2) 23 diversity jurisdiction under 28 U.S.C. § 1332. Pursuant to the federal question jurisdiction statute, 24 district courts have original jurisdiction over all civil actions arising under the Constitution, laws, 25 or treaties of the United States. 28 U.S.C. § 1331. For diversity jurisdiction pursuant to 28 U.S.C. 26 § 1332, each plaintiff must be diverse from each defendant, and the amount in controversy must 27 exceed $75,000. 28 Plaintiff shall file a declaration by March 3, 2016. If a responsive declaration is filed, the 1 Court shall either issue an order based on the declaration or conduct a hearing on March 17, 2016 2 at 10:00 a.m. in Courtroom B, 15th Floor, 450 Golden Gate Avenue, San Francisco, California. 3 Notice is hereby provided to Plaintiff that the Court may dismiss this case without a hearing if no 4 responsive declaration is filed. Thus, it is imperative that the Court receive a written response by 5 the deadline above. 6 IT IS SO ORDERED. 7 8 9 10 Dated: February 22, 2016 ______________________________________ MARIA-ELENA JAMES United States Magistrate Judge United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 DARIO CAMPOS VILLAR, Case No. 16-cv-00816-MEJ Plaintiff, 5 v. CERTIFICATE OF SERVICE 6 7 MICHAEL TIPSOR, et al., Defendants. 8 9 10 United States District Court Northern District of California 11 12 13 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 February 22, 2016, 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. 14 15 16 Dario Campos Villar 46 Cielito Drive San Francisco, CA 94134 17 18 19 20 Dated: February 22, 2016 Richard W. Wieking Clerk, United States District Court 21 22 23 By: ___________________________ Chris Nathan, Deputy Clerk to the Honorable MARIA-ELENA JAMES 24 25 26 27 28 3

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