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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DARIO CAMPOS VILLAR,

Case No. 16-cv-00816-MEJ

Plaintiff,
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v.

ORDER TO SHOW CAUSE

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MICHAEL TIPSOR, et al.,
Defendants.

United States District Court
Northern District of California

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Plaintiff Dario Campos Villar filed this case on February 18, 2016, seeking damages

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related to a car accident that occurred on November 10, 2015. He bring claims for “Insurance Bad

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Faith, Personal Injury, Negle[c]t, Elder Abused, Damages, Intentional Tort, Plot, Discrimination,

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[and] Intentional Plot.” Compl. at 1, Dkt. No. 1. To the extent Plaintiff brings actionable claims,

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they are based in state tort law. Further, he brings his claims against several named defendants

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that appear to be residents of California. As such, it appears that jurisdiction is lacking and any

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claims Plaintiff may have are properly raised in state court.

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Accordingly, the Court hereby ORDERS Plaintiff Dario Campos Villar to show cause why

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this case should not be dismissed for lack of subject matter jurisdiction. There are two bases for

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federal subject matter jurisdiction: (1) federal question jurisdiction under 28 U.S.C. § 1331 and (2)

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diversity jurisdiction under 28 U.S.C. § 1332. Pursuant to the federal question jurisdiction statute,

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district courts have original jurisdiction over all civil actions arising under the Constitution, laws,

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or treaties of the United States. 28 U.S.C. § 1331. For diversity jurisdiction pursuant to 28 U.S.C.

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§ 1332, each plaintiff must be diverse from each defendant, and the amount in controversy must

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exceed $75,000.

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Plaintiff shall file a declaration by March 3, 2016. If a responsive declaration is filed, the

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Court shall either issue an order based on the declaration or conduct a hearing on March 17, 2016

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at 10:00 a.m. in Courtroom B, 15th Floor, 450 Golden Gate Avenue, San Francisco, California.

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Notice is hereby provided to Plaintiff that the Court may dismiss this case without a hearing if no

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responsive declaration is filed. Thus, it is imperative that the Court receive a written response by

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the deadline above.

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IT IS SO ORDERED.

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Dated: February 22, 2016
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

United States District Court
Northern District of California

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DARIO CAMPOS VILLAR,

Case No. 16-cv-00816-MEJ

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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MICHAEL TIPSOR, et al.,
Defendants.

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United States District Court
Northern District of California

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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 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.

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Dario Campos Villar
46 Cielito Drive
San Francisco, CA 94134

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Dated: February 22, 2016
Richard W. Wieking
Clerk, United States District Court

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By: ___________________________
Chris Nathan, Deputy Clerk to the
Honorable MARIA-ELENA JAMES

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