Asghar v. Tayyab Food, Inc.

Filing 31

ORDER TO SHOW CAUSE. Show Cause Response due by 7/31/2024. Signed by Chief Magistrate Judge Donna M. Ryu on 7/8/2024. (dmrlc1, COURT STAFF) (Filed on 7/8/2024)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ABDULLAH ASGHAR, Plaintiff, 8 9 10 United States District Court Northern District of California 11 v. Case No. 23-cv-04360-DMR ORDER TO SHOW CAUSE RE: SUBJECT MATTER JURISDICTION TAYYAB FOOD, INC., Defendant. 12 13 Plaintiff Abdullah Asghar filed the complaint against Defendant Tayyab Food, Inc. in 14 August 2023, alleging wage and hour claims under the Fair Labor Standards Act (“FLSA”), 29 15 U.S.C. §§ 201 et seq. and the California Labor Code. Defendant has not appeared in this action 16 and default has been entered. Plaintiff has filed a motion for default judgment that is set for 17 hearing on July 11, 2024. [Docket No. 19.] 18 The complaint alleges subject matter jurisdiction is proper because Plaintiff asserts 19 violations of the federal FLSA. See Compl. ¶ 5; 28 U.S.C. § 1331 (providing that courts “have 20 original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the 21 United States.”). It also alleges that the court has supplemental jurisdiction over the 22 “transactionally related state claims” under 28 U.S.C. § 1367. Compl. ¶ 5. The complaint does 23 not allege any other bases for subject matter jurisdiction. 24 Having reviewed the complaint, the court finds that it does not state claims for relief under 25 the FLSA. The complaint alleges that Defendant violated FLSA’s minimum wage and overtime 26 requirements. Compl. 4-5. “FLSA sets a national minimum wage and requires overtime pay of 27 one and a half times an employee’s hourly wage for every hour worked over 40 hours in a week.” 28 Probert v. Fam. Centered Servs. of Alaska, Inc., 651 F.3d 1007, 1009–10 (9th Cir. 2011) (citing 1 29 U.S.C. §§ 206(a)(1), 207(a)(1)). “[T]hese requirements apply both on an individual basis to 2 any employee ‘who in any workweek is engaged in commerce or in the production of goods for 3 commerce,’ and on an enterprise-wide basis to all employees ‘employed in an enterprise engaged 4 in commerce or in the production of goods for commerce.’” Id. at 1010 (citing 29 U.S.C. §§ 5 206(a)(1), 207(a)(1)). Here, Plaintiff’s complaint does not allege facts to support that he was an 6 “employee” or that Defendant was an “employer” or “enterprise” under the FLSA. See 29 U.S.C. 7 § 203(d), (e), (r)(1), (s)(1). 8 courts shall have supplemental jurisdiction over all other claims that are so related to claims in the 10 action within such original jurisdiction that they form part of the same case or controversy under 11 Article III of the United States Constitution.” 28 U.S.C. § 1367(a). However, “[t]he district 12 courts may decline to exercise supplemental jurisdiction over a claim . . . if—the district court has 13 dismissed all claims over which it has original jurisdiction.” 28 U.S.C. § 1367(c)(3). 14 Accordingly, the court hereby vacates the July 11, 2024 hearing on Plaintiff’s motion for 15 default judgment. By July 31, 2024, Plaintiff is ordered to show cause in writing why the court 16 should not recommend that the court decline to exercise supplemental jurisdiction over Plaintiff’s 17 state law claims and dismiss this case without prejudice. ______________________________________ Donna M. RyuM. Ryu a Chief ge Donn Judge JudMagistrate RT ER H 23 FO NO 22 D RDERE OO IT IS S LI 21 Dated: July 8, 2024 24 25 26 27 28 2 A 20 IT IS SO ORDERED. R NIA S 19 ISTRIC ES D TC T TA RT U O 18 UNIT ED United States District Court Northern District of California 9 “[I]n any civil action of which the district courts have original jurisdiction, the district N F D IS T IC T O R C

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