Senah, Inc. v. AVIC Forstar S&T Co., Ltd.

Filing 34

ORDER TO SHOW CAUSE RE: SERVICE OF COMPLAINT AND RE: SUBJECT MATTER JURISDICTION OF PROPOSED AMNEDED COMPLAINT; CONTINUING CMC TO JUNE 20, 2018. Re: ECF 1 , 33 . Updated case management statement due by 6/13/2018, detailing service of the compla int. Plaintiff's response to subject matter jurisdiction due by 6/13/2018. The 6/6 case management conference is continued to 6/20/2018 10:00 AM. Counsel may participate by telephone by providing a contact number to the courtroom deputy. Signed by Judge Nathanael Cousins on 6/2/2018. (lmh, COURT STAFF) (Filed on 6/2/2018).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SENAH, INC.,
Plaintiff,

United States District Court
Northern District of California

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v.
AVIC FORSTAR S&T CO., LTD., fdba
FORSTAR S&T CO, LTD.,
Defendant.

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ORDER TO SHOW CAUSE RE:
SERVICE OF COMPLAINT AND
RE: SUBJECT MATTER
JURISDICTION OF PROPOSED
AMENDED COMPLAINT;
CONTINUING CMC TO JUNE 20,
2018
Re: ECF 1, 33

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Case No. 16-cv-07053 NC

Plaintiff Senah, Inc. filed this case on December 9, 2016. ECF 1. As far as the

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Court knows, defendant AVIC FORSTAR S&T CO., LTD. has never been served with the

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original complaint. Plaintiff’s most recent May 28, 2018 case management statement

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states that defendant “has not yet been served” (ECF 30 at p. 3:12-13) yet provides no

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update on the status of service under the Hague convention. The Court previously asked

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plaintiff to show cause why the case should not be dismissed under Fed. R. Civ. P. 4(m)

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for failure to serve the defendant. ECF 22. Plaintiff must file an updated case

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management statement by June 13, 2018, detailing the status of service of the complaint.

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Next, plaintiff moves for leave to file an amended complaint. ECF 33. The Court

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is not certain that leave is required under Fed. R. Civ. P. 15(a)(1), but plaintiff asks for

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leave under Rule 15(a)(2). Under either approach, federal subject matter jurisdiction must

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be satisfied. Plaintiff asserts that subject matter jurisdiction is fulfilled by diversity of
Case No. 16-cv-07053 NC

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citizenship; there are no federal claims asserted. ECF 33-4. From the face of the First

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Amended Complaint, however, it appears that the parties lack complete diversity. Plaintiff

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Senah is alleged to have its principal place of business in California. ECF 33-4 at p. 1.

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Defendant AVIC International USA, Inc. is also alleged to have its principal place of

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business in California. ECF 33-3 at p. 10. There is incomplete information provided about

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the citizenship of the other defendants, including Align Aerospace, LLC. Consequently,

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plaintiff must show cause in writing by June 13 as to how this Court may maintain subject

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matter jurisdiction over the proposed First Amended Complaint.

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Finally, the Court continues the June 6 case management conference to June 20 at
10:00 a.m. Counsel may participate by phone by providing a contact number to my

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United States District Court
Northern District of California

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courtroom deputy.

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IT IS SO ORDERED.

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Dated: June 2, 2018

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_____________________________________
NATHANAEL M. COUSINS
United States Magistrate Judge

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Case No. 16-cv-07053 NC

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