Wu v. FCA US LLC

Filing 5

ORDER Vacating 2 Order to Show Cause and Dismissing 1 Complaint Without Prejudice. Signed by District Judge Matthew F. Leitman. (Monda, H)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TE H. WU,
Plaintiff,

Case No. 15-cv-11132
Hon. Matthew F. Leitman

v.
FCA US LLC,
Defendant.
__________________________________________________________________/
ORDER VACATING ORDER TO SHOW CAUSE (ECF #2) AND
DISMISSING COMPLAINT (ECF #1) WITHOUT PREJUDICE
On March 26, 2015, Plaintiff Te H. Wu (“Wu”) filed a Complaint against
Defendant FCA US LLC (“FCA”). (See the “Complaint,” ECF #1.) Wu asserts
that this Court has jurisdiction pursuant to 28 U.S.C. § 1332(a)(1) based on the
diversity of the parties and the amount in controversy. (See id. at ¶3.) However, in
his Complaint, Wu failed to properly plead the citizenship of FCA. The Court
therefore cannot determine whether it has subject-matter jurisdiction over this
action.
On March 20, 2015, the Court entered an Order requiring Wu to show cause
in writing “why this action should not be dismissed for lack of jurisdiction” or, in
the alternative, to “file an Amended Complaint providing sufficient factual support
to establish this Court’s jurisdiction.” (See the “Show Cause Order,” ECF #2.)

Wu initially responded to the Show Cause Order on April 13, 2015. (See the
“Response,” ECF #4.) Wu told the Court that “despite diligent efforts,” he had
“been unable to determine the identity and citizenship of each of the members of
[FCA].” (Id. at 1, Pg. ID 19.) Wu thus requested an additional 21 days to respond
substantively to the Show Cause Order.
The Court granted Wu’s request for additional time, and it reset the deadline
for Wu to respond to the Show Cause Order to May 4, 2015. (See Dkt.) Wu,
however, did not respond by the new deadline, and to date, he has not provided any
basis upon which the Court can conclude it has subject-matter jurisdiction over this
action.
Accordingly, IT IS HEREBY ORDERED that the Order to Show Cause
(ECF #2) is VACATED. IT IS FURTHER ORDERED that the Complaint (ECF
#1) is DISMISSED WITHOUT PREJUDICE due to Wu’s failure to plead or
otherwise establish this Court’s subject-matter jurisdiction.

s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE

Dated: May 12, 2015

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I hereby certify that a copy of the foregoing document was served upon the parties
and/or counsel of record on May 12, 2015, by electronic means and/or ordinary
mail.
s/Holly A. Monda
Case Manager
[phone]

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