Black v. Citibank et al

Filing 16

ORDER re 15 Response to Order to Show Cause filed by Kimberly Ann Black. Signed by District Judge Sean F. Cox. (JMcC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Kimberly Ann Black,
Plaintiff,
v.

Case No. 13-12319

Citibank, et al.,

Honorable Sean F. Cox

Defendants.
_________________________________/
ORDER
Acting pro se, on May 24, 2013, Plaintiff Kimberly Ann Black filed this suit against
multiple defendants.
“[F]ederal courts have an independent obligation to investigate and police the boundaries
of their own jurisdiction.” Douglas v. E.F. Baldwin & Assocs., Inc., 150 F.3d 604, 607 (6th Cir.
1998). Having reviewed Plaintiff’s complaint, the Court was not persuaded that Plaintiff has
adequately alleged the necessary facts to establish the existence of subject matter jurisdiction.
Accordingly, the Court ordered Plaintiff to show cause why this case should not be dismissed for
lack of subject matter jurisdiction.
Thereafter, Counsel has entered an appearance on behalf of Plaintiff. On June 18, 2013,
Counsel for Plaintiff filed a response to the Show Cause Order, indicating that Plaintiff intends
to file an Amended Complaint, and asking the Court to vacate the Show Cause Order.
At this stage of the litigation, Plaintiff may file an Amended Complaint as a matter of
course under Fed. R. Civ. P. 15(a)(1). Plaintiff, however, has not filed an Amended Complaint,
nor did she attach a copy of her proposed Amended Complaint to her Show Cause Response.
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Thus, this Court still cannot determine if this Court has subject matter jurisdiction.
The Court hereby ORDERS that if Plaintiff wishes to file an Amended Complaint, she
shall file her Amended Complaint no later than June 30, 2013. If Plaintiff files an Amended
Complaint by that date, this Court will make a determination as to subject matter jurisdiction
based on the Amended Complaint filed by Plaintiff.
IT IS FURTHER ORDERED that if Plaintiff does not file an Amended Complaint by that
date, this Court will make a determination regarding subject matter jurisdiction based upon
Plaintiff’s original complaint.
IT IS FURTHER ORDERED that the time for Defendants to file their first responsive
pleading shall be extended until fourteen (14) days after this Court has resolved the jurisdictional
issue in this action.
IT IS SO ORDERED.

S/Sean F. Cox
Sean F. Cox
United States District Judge
Dated: June 19, 2013
I hereby certify that a copy of the foregoing document was served upon counsel of record on
June 19, 2013, by electronic and/or ordinary mail.
S/Jennifer McCoy
Case Manager

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