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) (sjt).

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1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 SOUTHERN DISTRICT OF CALIFORNIA 12 13 JUANCA LLC, 16 17 ORDER DISMISSING ACTION WITHOUT PREJUDICE Plaintiff, 14 15 Case No. 16-cv-02911-BAS(WVG) v. WOODN INDUSTRIES GROUP, et al., Defendants. 18 19 20 On November 29, 2016, Plaintiff Juanca LLC commenced this action raising 21 tort claims for products liability and negligence. (Compl. ¶¶ 15–27, ECF No. 1.) The 22 next day, the Court issued an order to show cause as to why this action should not be 23 dismissed for lack of subject matter jurisdiction. (ECF No. 3.) The Court provided 24 Plaintiff with a December 16, 2016, deadline to respond. (Id.) Plaintiff has failed to 25 file a response. 26 Accordingly, the Court finds dismissing this action is appropriate on two bases. 27 First, dismissal pursuant to this Court’s inherent authority is appropriate because 28 Plaintiff has failed to comply with a court order. See Ferdik v. Bonzelet, 963 F.2d –1– 16cv2911 1 1258, 1260 (9th Cir. 1992). The Court reaches this conclusion after weighing the 2 appropriate factors and having already warned Plaintiff that this action would be 3 dismissed without prejudice if it did not respond to the Court’s order to show cause. 4 See id. at 1262 (“[A] district court’s warning to a party that [its] failure to obey the 5 court’s order will result in dismissal can satisfy the ‘consideration of alternatives’ 6 requirement.”). Second, the Court finds dismissal for lack of subject matter 7 jurisdiction is warranted. See Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 8 375, 377 (1994) (noting “[i]t is to be presumed that a cause lies outside” the limited 9 jurisdiction of federal courts, “and the burden of establishing the contrary rests upon 10 11 12 13 the party asserting jurisdiction”). In light of the foregoing, the Court DISMISSES WITHOUT PREJUDICE this action. IT IS SO ORDERED. 14 15 DATED: January 12, 2017 16 17 18 19 20 21 22 23 24 25 26 27 28 –2– 16cv2911

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