National Medical Services, Inc. dba NMS Labs v. INDX Lifecare, Inc.

Filing 22

ORDER TO SHOW CAUSE REGARDING DEFENDANT INDX'S CITIZENSHIP. Re: Dkt. No. 15 . The Court ORDERS NMS to file a declaration supporting NMS's assertion of the Court's subject matter jurisdiction by 6/6/2017. Signed by Judge Nathanael Cousins on 5/30/2017. (lmh, COURT STAFF) (Filed on 5/30/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NATIONAL MEDICAL SERVICES,
INC.,

United States District Court
Northern District of California

Plaintiff,
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v.
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INDX LIFECARE, INC.,

Case No. 16-cv-04425 NC
ORDER TO SHOW CAUSE
REGARDING DEFENDANT INDX’S
CITIZENSHIP
Re: Dkt. No. 15

Defendant.
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Plaintiff National Medical Services, Inc. (NMS) filed a motion for a default

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judgment against defendant iNDx Lifecare, Inc (iNDx). Dkt. No. 15. In its complaint,

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NMS alleges that the parties are diverse in citizenship. Dkt. No. 1 at 2. In support, NMS

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alleges that it is a Pennsylvania corporation with its principal place of business in

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Pennsylvania, and that iNDx is a Delaware corporation with a business office in

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California. Dkt. No. 1 at 2.

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However, a corporation is a citizen of both its state of incorporation and the state

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where it has its principal place of business. 28 U.S.C. § 1332(c)(1). NMS did not allege

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iNDx’s principal place of business at the time the action was brought. See Grupo Dataflux

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v. Atlas Global Group, L.P., 541 U.S. 567, 571 (2004) (subject matter jurisdiction must be

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premised upon facts that exist at the time of filing). Without this information, the Court

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cannot determine whether it has subject matter jurisdiction over this case.

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Thus, the Court ORDERS NMS to file a declaration supporting NMS’s assertion of
Case No. 16-cv-04425 NC

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the Court’s subject matter jurisdiction over this case by June 6, 2017.
Failure to do so will result in the Court dismissing the case for lack of subject
matter jurisdiction.

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IT IS SO ORDERED.

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Dated: May 30, 2017

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_____________________________________
NATHANAEL M. COUSINS
United States Magistrate Judge

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United States District Court
Northern District of California

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Case No. 16-cv-04425 NC

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