Juanca LLC v. Woodn Industries Group et al

Filing 4

ORDER DISMISSING CASE without prejudice. Signed by Judge Cynthia Bashant on 1/12/17.(kas)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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JUANCA LLC,

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ORDER DISMISSING ACTION
WITHOUT PREJUDICE

Plaintiff,

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Case No. 16-cv-02911-BAS(WVG)

v.
WOODN INDUSTRIES GROUP, et
al.,
Defendants.

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On November 29, 2016, Plaintiff Juanca LLC commenced this action raising

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tort claims for products liability and negligence. (Compl. ¶¶ 15–27, ECF No. 1.) The

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next day, the Court issued an order to show cause as to why this action should not be

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dismissed for lack of subject matter jurisdiction. (ECF No. 3.) The Court provided

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Plaintiff with a December 16, 2016, deadline to respond. (Id.) Plaintiff has failed to

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file a response.

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Accordingly, the Court finds dismissing this action is appropriate on two bases.

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First, dismissal pursuant to this Court’s inherent authority is appropriate because

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Plaintiff has failed to comply with a court order. See Ferdik v. Bonzelet, 963 F.2d
–1–

16cv2911

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1258, 1260 (9th Cir. 1992). The Court reaches this conclusion after weighing the

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appropriate factors and having already warned Plaintiff that this action would be

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dismissed without prejudice if it did not respond to the Court’s order to show cause.

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See id. at 1262 (“[A] district court’s warning to a party that [its] failure to obey the

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court’s order will result in dismissal can satisfy the ‘consideration of alternatives’

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requirement.”). Second, the Court finds dismissal for lack of subject matter

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jurisdiction is warranted. See Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S.

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375, 377 (1994) (noting “[i]t is to be presumed that a cause lies outside” the limited

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jurisdiction of federal courts, “and the burden of establishing the contrary rests upon

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the party asserting jurisdiction”).
In light of the foregoing, the Court DISMISSES WITHOUT PREJUDICE
this action.
IT IS SO ORDERED.

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DATED: January 12, 2017

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16cv2911