Certain Underwriters at Lloyd's v. S Cue Transportation LLC

Opinion

1 2 3 6 7 CERTAIN UNDERWRITERS AT Case No. 24-cv-00523-JSC LLOYD'S, 8 Plaintiff, ORDER TO SHOW CAUSE RE: v. 10 ALL COAST LOGISTICS USA, LLC, 11 Defendant.

12 13 Plaintiff’s motion for default judgment against All Coast Logistics, USA, LLC is pending 14 before the Court. In considering a motion for default judgment, the court “has an affirmative duty 15 to look into its jurisdiction over . . . the parties.” In Re Tuli, 172 F.3d 707, 712 (9th Cir. 1999). 16 Plaintiff “bears the burden” of establishing personal jurisdiction exists. In Re Bloom Global Ltd., 17 923 F.3d 643, 650 (9th Cir. 2019). Plaintiff alleges All Coast—a limited liability company 18 organized under the laws of Florida with a principal place of business in Florida—“at all relevant 19 times was and still is doing business within the jurisdiction of this Court as a common carrier of 20 goods for hire.” (Dkt. No. 1 ¶ 5.) This allegation is insufficient to meet Plaintiff’s burden. See In 21 re Boon Glob. Ltd., 923 F.3d at 650 (“Although the party asserting jurisdiction is required only to 22 establish a prima facie showing of jurisdictional facts, the standard is not toothless.”) (cleaned up). 23 Moreover, the motion for default judgment does not address personal jurisdiction. 24 By February 28, 2025, Plaintiff shall respond to this order to show cause with a 25 supplemental submission, including supplemental evidence as needed, addressing the basis for 26 personal jurisdiction over All Coast. 27 // 2 Dated: February 7, 2025 td 4 ne JA@QUELINE SCOTT CORLE 5 United States District Judge 6 7 8 9 10 11 12

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