Lagera et al vs. USA & 50 States

Filing 5

ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED WITHOUT PREJUDICE - Signed by JUDGE JILL A. OTAKE on 6/29/2020. Accordingly, Plaintiffs are ORDERED TO SHOW CAUSE why the case should not be dismissed without prejudice for lack of jurisdiction. Plaintiffs must file a response to this Order to Show Cause by July 20, 2020, identifying the basis or bases for subject matter jurisdiction. Failure to timely respond or comply with this Order to Show Cause will result in a finding that Plaintiffs have failed to carry their burden of establishing subject matter jurisdiction and the Court will dismiss the action without prejudice. Show Cause Response due by 7/20/2020. (emt, )COURT'S CERTIFICATE of Service - Janet Ibales Campos Howell shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on June 30, 2020.

Case 1:20-cv-00285-JAO-KJM Document 5 Filed 06/29/20 Page 1 of 2

PageID #: 34

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF HAWAII

LETICIA LAGERA; SABADO,
FRANCO AND ARUCAN FAMILY;
JANET IBALE CAMPOS HOWELL,
Plaintiffs,

CIVIL NO. 20-00285 JAO-KJM
ORDER TO SHOW CAUSE WHY
THIS CASE SHOULD NOT BE
DISMISSED WITHOUT PREJUDICE

vs.
USA & 50 STATES,
Defendants.

ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE
DISMISSED WITHOUT PREJUDICE
On June 23, 2020, Plaintiffs commenced this action without identifying a
basis for subject matter jurisdiction. “Courts have an independent obligation to
determine whether subject-matter jurisdiction exists, even when no party
challenges it.” Hertz Corp. v. Friend, 559 U.S. 77, 94 (2010). Federal courts are
presumed to lack subject matter jurisdiction, and the plaintiff bears the burden of
establishing that subject matter jurisdiction is proper. See Kokkonen v. Guardian
Life Ins. Co., 511 U.S. 375, 377 (1994). If the Court lacks subject matter
jurisdiction, an action must be dismissed. See Fed. R. Civ. P. 12(h)(3).

Case 1:20-cv-00285-JAO-KJM Document 5 Filed 06/29/20 Page 2 of 2

PageID #: 35

No matter how liberally construed, the Complaint, an unintelligible stream
of consciousness lacking identifiable claims, does not articulate a discernable basis
for jurisdiction. Accordingly, Plaintiffs are ORDERED TO SHOW CAUSE why
the case should not be dismissed without prejudice for lack of jurisdiction.
Plaintiffs must file a response to this Order to Show Cause by July 20, 2020,
identifying the basis or bases for subject matter jurisdiction. Failure to timely
respond or comply with this Order to Show Cause will result in a finding that
Plaintiffs have failed to carry their burden of establishing subject matter
jurisdiction and the Court will dismiss the action without prejudice.
IT IS SO ORDERED.
DATED:

Honolulu, Hawai‘i, June 29, 2020.

CIVIL NO. 20-00285 JAO-KJM; Lagera, et al. v. USA, et al.; ORDER TO SHOW CAUSE WHY THIS
CASE SHOULD NOT BE DISMISSED WITHOUT PREJUDICE

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