Filing 19

ORDER directing Plaintiff TO SHOW CAUSE as to the citizenship of its members. Show Cause Response due by 3/3/2017. Signed by Judge Jacqueline Scott Corley on February 24, 2017. (jsclc1, COURT STAFF) (Filed on 2/24/2017)

Download PDF
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 NEXREP, LLC, Case No. 16-cv-06647-JSC Plaintiff, 8 v. ORDER TO SHOW CAUSE RE: JURISDICTION 9 10 ALIPHCOM, Defendant. United States District Court Northern District of California 11 12 13 Plaintiff NexRep, LLC filed this action alleging breach of contract and unjust enrichment 14 against Defendant Aliphcom, d.b.a. Jawbone on November 16, 2016. (Dkt. No. 1.) Now pending 15 before the Court is Plaintiff’s motion for default judgment. (Dkt. No. 16.) 16 When a party seeks entry of default judgment, courts have a duty to examine their own 17 jurisdiction—both subject matter and personal. In re Tuli, 172 F.3d 707, 712 (9th Cir. 1999). 18 Indeed, at all times the Court has an independent responsibility to ensure it has federal subject 19 matter jurisdiction. Valdez v. Allstate Ins. Co., 372 F.3d 1115, 1116 (9th Cir. 2004); see 20 also Gonzalez v. Thaler, 132 S. Ct. 641, 648 (2012) (“When a requirement goes to subject-matter 21 jurisdiction, courts are obligated to consider sua sponte issues that the parties have disclaimed or 22 have not presented . . . . Subject-matter jurisdiction can never be waived or forfeited”) (internal 23 citation omitted). Plaintiff asserts the Court has jurisdiction over Plaintiff’s claims based on 24 federal diversity jurisdiction pursuant to 28 U.S.C. § 1332. Diversity jurisdiction requires that 25 “the parties be in complete diversity and the amount in controversy exceed $75,000.” Matheson v. 26 Progressive Specialty Ins. Co., 319 F.3d 1089, 1090 (9th Cir. 2003). Complete diversity means 27 that “each of the plaintiffs must be a citizen of a different state than each of the defendants.” 28 Allstate Ins. Co. v. Hughes, 358 F.3d 1089, 1095 (9th Cir. 2004). Further, the party asserting 1 diversity jurisdiction bears the burden of proof. Resnik v. La Paz Guest Ranch, 289 F.2d 814, 819 2 (9th Cir. 1961). 3 Here, NexRep is a limited liability company (“LLC”) organized and existing under the 4 laws of the State of Delaware, and Jawbone is a California corporation with its principal place of 5 business in California. (Dkt. No. 16-2 ¶¶ 2-3.) Generally, an LLC is a “citizen of every state in 6 which its members are citizens.” Johnson v. Columbia Props. Anchorage, LP, 437 F.3d 894, 899 7 (9th Cir. 2006). However, Plaintiff has failed to include any allegations as to the citizenship of its 8 members. 9 10 United States District Court Northern District of California 11 12 13 14 Accordingly, Plaintiff is ORDERED to SHOW CAUSE as to the citizenship of its members. Plaintiff shall file a written response to the Court’s Order by March 3, 2017. IT IS SO ORDERED. Dated: February 24, 2017 ______________________________________ JACQUELINE SCOTT CORLEY United States Magistrate Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?