Joaquin v. Aloha Auto Group, Ltd.

Filing 4

ORDER DENYING APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS AND DISMISSING COMPLAINT re: 2 . Excerpt of order: "Because this court lacks subject matter jurisdic tion over this matter, the court dismisses the Complaint and denies the Application as moot. No later than May 24, 2018, Joaquin may file an Amended Complaint and submit a new Application if she believes she can satisfy the requirements for federal j urisdiction. Failure to meet this deadline will result in the automatic dismissal of this case." Signed by JUDGE SUSAN OKI MOLLWAY on 5/3/2018. (afc) COURTS CERTIFICATE OF SERVICE Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
NORINE LEIHUANANI JOAQUIN,
Plaintiff,
v.
ALOHA AUTO GROUP LTD.,
Defendants.
_____________________________

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Civ. No. 18-00161 SOM-RLP
ORDER DENYING APPLICATION TO
PROCEED IN DISTRICT COURT
WITHOUT PREPAYING FEES OR
COSTS AND DISMISSING
COMPLAINT

ORDER DENYING APPLICATION TO PROCEED IN DISTRICT COURT
WITHOUT PREPAYING FEES OR COSTS AND DISMISSING COMPLAINT

Plaintiff Norine Leihuanani Joaquin has filed a
Complaint for a Civil Case Alleging Breach of Contract,
accompanied by an Application To Proceed in District Court
Without Prepaying Fees or Costs.

The court dismisses the

Complaint for lack of jurisdiction and accordingly denies the
Application as moot.
A federal district court has subject matter
jurisdiction over a case if either a complaint raises a federal
question or the case satisfies the requirements for diversity
jurisdiction.

Joaquin's Complaint lists a Plaintiff and a

Defendant and refers to a breach of contract in its title, but
otherwise is entirely lacking in factual allegations concerning
the nature of the dispute.

The court therefore cannot discern

any federal question from the Complaint and is left with

diversity jurisdiction as the only ground on which to exercise
jurisdiction.
Unfortunately for Jaoquin, the Complaint describes
both Plaintiff and Defendant Aloha Auto Group, Ltd., as citizens
of the State of Hawaii.

To qualify for diversity jurisdiction.

the case must be one between "citizens of different States" or
involve a foreign state or a citizen of a foreign state.
U.S.C. § 1331(a).

See 28

No foreign state or citizen of a foreign

state is named in the Complaint, and the named parties are
described as being citizens of the same state.

The Complaint

thus defeats any attempt to show diversity of citizenship.
Moreover, diversity of citizenship jurisdiction exists only if
"the matter in controversy exceeds the sum or value of $75,000,
exclusive of interest and costs."

Id.

The Complaint does not

indicate the nature of the breach of contract or state any
amount in controversy.
Because this court lacks subject matter jurisdiction
over this matter, the court dismisses the Complaint and denies
the Application as moot.

No later than May 24, 2018, Joaquin

may file an Amended Complaint and submit a new Application if
she believes she can satisfy the requirements for federal
jurisdiction.

Failure to meet this deadline will result in the

automatic dismissal of this case.

If Joaquin cannot meet the

requirements for federal jurisdiction, she may want to consider
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filing her action in state court, although this court, in so
indicating, is not suggesting that this court is in a position
to know whether Joaquin has a colorable state claim.
IT IS SO ORDERED.
DATED: Honolulu, Hawaii; May 3, 2018.

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

Norine Leihuanani Joaquin v. Aloha Auto Group LTD.
Civ. No. 18-00161 SOM-RLP
ORDER DENYING APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT
PREPAYING FEES OR COSTS AND DISMISSING COMPLAINT

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