Bell v. Mapfre Insurance et al

Filing 7

AMENDED ORDER TO SHOW CAUSE why complaint should not be dismissed for lack of subject matter jurisdiction; Plaintiff shall, within thirty (30) days of this order, file an amended complaint, by Judge Robert S. Lasnik. (SWT) (cc: Plaintiff via USPS)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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_______________________________________
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WARREN E. BELL, SR.,
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Plaintiff,
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v.
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MAPFRE INSURANCE and RANJIT KAUR, )
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Defendants.
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_______________________________________)

No. C17-1420RSL
AMENDED ORDER TO SHOW
CAUSE

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This matter comes before the Court sua sponte. On September 22, 2017, the Court

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accepted for filing plaintiff’s complaint alleging that defendant Ranjit Kaur lied regarding an

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accident and that defendant Mapfre Insurance improperly investigated and denied his claim for

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coverage related to the accident. Having reviewed the record as a whole under the standards

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articulated in 28 U.S.C. § 1915(e)(2) and having construed the allegations of the complaint

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liberally (see Bernhardt v. Los Angeles County, 339 F.3d 920, 925 (9th Cir. 2003)), the Court

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finds that plaintiff’s complaint is deficient. Pursuant to Fed. R. Civ. P. 8(a)(1), the complaint

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must contain “a short and plain statement of the grounds for the court’s jurisdiction.” Although

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plaintiff asserts that “[d]efendant is from a different state” (Dkt. # 4 at 2), both plaintiff and Ms.

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Kaur are Washington residents (Dkt. # 4 at 1). 28 U.S.C. § 1332 (federal jurisdiction extends to

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“all civil actions where the matter in controversy exceeds . . . $75,000 . . . and is between . . .

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citizens of different States.”). Nor has plaintiff alleged facts giving rise to a plausible cause of

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action under federal law for purposes of 28 U.S.C. § 1331.
AMENDED ORDER TO SHOW CAUSE

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The party asserting jurisdiction has the burden of establishing all jurisdictional facts. See

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U.S. v. Orr Water Ditch Co., 600 F.3d 1152, 1157 (9th Cir. 2010); Fed R. Civ. P. 12(h)(3) (“If

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the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss

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the action”). Plaintiff has failed to allege, much less establish, the basis of the Court’s

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jurisdiction. For the foregoing reasons, plaintiff is hereby ORDERED TO SHOW CAUSE why

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the complaint should not be dismissed for lack of subject matter jurisdiction. Plaintiff shall,

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within thirty (30) days of this order, file an amended complaint which establishes this Court’s

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jurisdiction. Such a complaint would either (a) allege a cause of action based on a violation of

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federal law, or (b) show that the parties are diverse (i.e., that all defendants are residents of a

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state other than Washington) and that plaintiff is entitled to recover at least $75,000. If an

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acceptable amended complaint is not filed within the time proscribed, this action will be

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dismissed without prejudice.

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The Clerk of Court is directed to note this Order to Show Cause on the Court’s calendar
for Friday, November 3, 2017.

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Dated this 3rd day of October, 2017.

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A
Robert S. Lasnik

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United States District Judge

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AMENDED ORDER TO SHOW CAUSE

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