Zuber v. Foley et al

Filing 6

SECOND ORDER TO SHOW CAUSE by Judge Philip A. Brimmer on 02/26/2018. ORDERED that, on or before 5:00 p.m. on February 28, 2018, plaintiff Neil Zuber shall show cause why this case should not be dismissed due to the Courts lack of subject matter jurisdiction. (sphil, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 18-cv-00345-PAB
NEIL ZUBER,
Plaintiff,
v.
MYNETTE FOLEY, M.D. and
WESTERN VALLEY FAMILY PRACTICE, P.C., a Colorado corporation,
Defendants.

ORDER TO SHOW CAUSE

This matter comes before the Court on Plaintiff’s Response to the Order to Show
Case [sic] [Docket No. 5]. Plaintiff Neil Zuber attaches to his response an amended
complaint stating that the Court has subject matter jurisdiction over this lawsuit pursuant
to 28 U.S.C. § 1332. Docket No. 5-1 at 2, ¶ 8.
On February 16, 2018, the Court entered an order to show cause stating that the
“facts as presently averred . . . do not provide sufficient information regarding the
citizenship of plaintiff and defendant Mynette Foley, M.D.” Docket No. 4 at 2. Plaintiff
added additional factual allegations regarding the citizenship of Dr. Foley to his
amended complaint, Docket No. 5-1 at 2, ¶ 4, and the Court f inds that those allegations
are now sufficient. Plaintiff’s allegations concerning his citizenship remain the same,
namely, that he “resides at 385 N. Rustler’s Canyon Drive in Sahuarta, Arizona, 85629.”
Id. at 1, ¶ 2; see also Docket No. 5-1 at 2, ¶ 8 (“Plaintiff is a resident of the State of
Arizona.”). As the Court previously noted, “domicile, not residency or business address,

is determinative of citizenship.” Docket No. 4 at 2 (citation omitted). The Court will
provide plaintiff one further opportunity to establish the citizenship of all parties and
show that the Court has subject matter jurisdiction over this action.
For the foregoing reasons, it is ORDERED that, on or before 5:00 p.m. on
February 28, 2018, plaintiff Neil Zuber shall show cause why this case should not be
dismissed due to the Court’s lack of subject matter jurisdiction.

DATED February 26, 2018.
BY THE COURT:

s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge

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