Casey Gerry Schenk, Francavilla Blatt & Penfield LLP et al v. Estate of Robert Cowan et al

Filing 7

ORDER Regarding Compliance With 28 U.S.C. 1335)a)(2): No later than June 4, 2010 Plaintiff comply with the requirements of section 1335(a)(2). If Plaintiff fails timely to comply with this order, the complaint will be dismissed for lack of subject matter jurisdiction. Signed by Judge M. James Lorenz on 5/1/2010.(mjj) (jrl).

1 2 3 4 5 6 7 8 9 10 11 CASEY GERRY SCHENK FRANCAVILLA BLATT & PENFIELD 12 LLP et al. 13 14 v. 15 ESTATE OF ROBERT COWAN et al., 16 17 18 Defendants. Plaintiffs, ) ) ) ) ) ) ) ) ) ) ) ) Civil No. 10cv821-L(JMA) ORDER REGARDING COMPLIANCE WITH 28 U.S.C. §1335(a)(2) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

On April 19, 2010 Plaintiff filed a complaint in interpleader alleging subject matter

19 jurisdiction pursuant to 28 U.S.C. Section 1335. Section 1335 requires, among other things and 20 as more specifically provided therein, the plaintiff to deposit into the registry of the court the 21 funds in dispute or give a bond payable to the clerk of the court. The requirement to make a 22 deposit or give a bond is jurisdictional and failure to comply requires dismissal of the complaint. 23 See N.Y. Life Ins. Co. v. Lee, 232 F.2d 811 (9th Cir. 1956); see also 28 U.S.C. § 1335(a) ("The 24 district courts shall have original jurisdiction of any civil action of interpleader . . ., if . . . (2) the 25 plaintiff has deposited such money or property . . . into the registry of the court, . . . or has given 26 bond payable to the clerk of the court . . .."). Plaintiff so far has not made a deposit or given a 27 bond as required. Accordingly, it is hereby ORDERED that no later than June 4, 2010 Plaintiff 28 / / / / /
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1 comply with the requirements of section 1335(a)(2). If Plaintiff fails timely to comply with this 2 order, the complaint will be dismissed for lack of subject matter jurisdiction. 3 4 5 DATED: May 19, 2010 6 7 8 COPY TO: M. James Lorenz United States District Court Judge IT IS SO ORDERED.

HON. JAN M. ADLER 9 UNITED STATES MAGISTRATE JUDGE 10 ALL PARTIES/COUNSEL 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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