Soliven v. Yamashiro et al

Filing 5

ORDER REGARDING SUBJECT MATTER JURISDICTION - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 5/28/2014. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Myrna Maneja Soliven served by first class mail at the address of record on May 28, 2014.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
MYRNA MANEJA SOLIVEN,

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Plaintiff,
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vs.
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GARY KOKYU YAMASHIRO; JOHN
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DOES 1-50; JANE DOES 1-50,
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Defendants.
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_____________________________ )

CIVIL NO. 14-00244 SOM/RLP
ORDER REGARDING SUBJECT MATTER
JURISDICTION

ORDER REGARDING SUBJECT MATTER JURISDICTION
Plaintiff Myrna Maneja Soliven is ordered to submit, no
later than June 16, 2014, a written statement of no more than
1500 words explaining why this court has jurisdiction over her
lawsuit.

This court has jurisdiction to review claims satisfying

the requirements for diversity jurisdiction and claims involving
a federal question. The court cannot discern from the Complaint
that either diversity or federal question requirements are
satisfied.
If Ms. Soliven and Defendant Gary Kokyu Yamashiro are
both citizens of the State of Hawaii (that is, if they both
reside in Hawaii and intend to make this their permanent home),
then this court lacks diversity jurisdiction.

Even if they are

not both citizens of Hawaii, the court lacks diversity
jurisdiction if the dollar amount in dispute is not greater than
$75,000.

See 28 U.S.C. § 1332.

If Ms. Soliven is before this court asserting federal
question jurisdiction, then she must point to language in her
Complaint supporting a claim based on a violation of federal law.
Although the Complaint refers to federal criminal statutes, those
statutes are not laws that Ms. Soliven can sue under.

A criminal

statute allows an attorney representing the United States to
pursue criminal charges against a defendant.

Ms. Soliven nowhere

claims to be representing the United States.

Instead, she is

bringing claims as an individual.

Unless she can point to a

claim she is bringing as an individual that arises under federal
law, this court lacks federal question jurisdiction.

See 28

U.S.C. § 1331.
If neither diversity requirements nor federal question
requirements are satisfied, then this court lacks jurisdiction
over this action and will dismiss it on that ground.

Ms. Soliven

may then consider whether she may file her claims in state court.
IT IS SO ORDERED.
DATED: Honolulu, Hawaii, May 28, 2014.

/s/ Susan Oki Mollway
Susan Oki Mollway
Chief United States District Judge

Soliven v. Yamashiro; Civ. No. 14-00244 SOM/RLP
ORDER REGARDING SUBJECT MATTER JURISDICTION

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