1144 Hope ST, LLC v. STS Remodeling Corp

Opinion

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. CV 25-0687 FMO (BFMx) Date February 18, 2025 Title 1144 Hope St, LLC v. STS Remodeling Corp., et al.

Present: The Honorable Fernando M. Olguin, United States District Judge Vanessa Figueroa None None Deputy Clerk Court Reporter / Recorder Tape No. Attorney Present for Plaintiff(s): Attorney Present for Defendant(s): None Present None Present Proceedings: (In Chambers) Order to Show Cause Re: Jurisdiction On January 27, 2025, plaintiff 1144 Hope St, LLC filed this action against STS Remodeling Corp. and Craig C. Haveson asserting a single state law claim. (See Dkt. 1, Complaint). Federal subject matter jurisdiction is based on diversity jurisdiction. (See id. at {| 7). However, plaintiff has failed to put forth sufficient allegations for the court to determine whether it has diversity jurisdiction. More specifically, the citizenship of plaintiff is unclear. Accordingly, IT |S ORDERED THAT plaintiff shall file a First Amended Complaint setting forth its citizenship no later than February 25, 2025. Failure to file a First Amended Complaint by the deadline set forth above shall be deemed as consent to the dismissal of the action without prejudice for lack of jurisdiction and/or failure to comply with a court order. See Fed. R. Civ. P. 41(b); Link v. Wabash R.R. Co., 370 U.S. 626, 629-30, 82 S.Ct. 1386, 1388 (1962); Edwards v. Marin Park, Inc., 356 F.3d 1058, 1065 (9th Cir. 2004) (“The failure of the plaintiff eventually to respond to the court’s ultimatum — either by amending the complaint or by indicating to the court that it will not do so — is properly met with the sanction of a Rule 41(b) dismissal.”); Ferdik v. Bonzelet, 963 F.2d 1258, 1260-63 (9th Cir. 1992) (affirming dismissal for failure to file amended complaint as ordered by district court).

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