Beijing Royalair International Travel Co. Ltd. v. Peter K. Spitz
This text of Beijing Royalair International Travel Co. Ltd. v. Peter K. Spitz (Beijing Royalair International Travel Co. Ltd. v. Peter K. Spitz) is published on Counsel Stack Legal Research, covering District Court, C.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
BEIJING ROYALAIR CV 21-6420 DSF (JEMx) INTERNATIONAL TRAVEL CO., LTD., Order to Show Cause re Dismissal Plaintiff, for Lack of Subject Matter Jurisdiction Vv. PETER K. SPITZ, et al., Defendants.
Plaintiff filed this case in federal court claiming diversity jurisdiction. However, Plaintiff is an alien corporation and Defendants include both a foreign corporation and United States citizens. There is no diversity jurisdiction where there is a foreign citizen on one side and foreign citizens and citizens of States on the other. See Faysound Ltd. v. United Coconut Chemicals, Inc., 878 F.2d 290, 295 (9th Cir. 1989). Therefore, Plaintiff is ordered to show cause, in writing, no later than August 24, 2021 why this case should not be dismissed for lack of subject matter jurisdiction. Specifically, Plaintiff should inform the Court whether Plaintiff intends to dismiss the foreign defendant or if the entire case should be dismissed without prejudice. IT IS SO ORDERED.
Date: August 10, 2021 ioe A. der CARN? Dale 8S. Fischer United States District Judge
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Beijing Royalair International Travel Co. Ltd. v. Peter K. Spitz, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beijing-royalair-international-travel-co-ltd-v-peter-k-spitz-cacd-2021.