Firsov v. Austrian Airlines AG

Opinion

1 2 3 6 7 SERGEY FIRSOV, Case No. 25-cv-03504-PCP

8 Plaintiff, ORDER TO SHOW CAUSE v. 9

Defendant. 11

12 13 Plaintiff Sergey Firsov, proceeding without counsel, commenced the instant action against 14 defendant Austrian Airlines AG. Before the Court is the July 21, 2025 report and recommendation 15 to dismiss this case based on (1) Firsov’s failure to pay filing fees; and (2) the Court’s lack of 16 subject matter jurisdiction over Firsov’s action. Firsov has since paid the required filing fee. 17 Although Firsov has remedied one of the issues addressed in the report and 18 recommendation, he has not responded to the report’s concerns regarding the Court’s jurisdiction. 19 The Court therefore orders Firsov to show cause by September 12, 2025 why this action should 20 not be dismissed for lack of subject matter jurisdiction. See Henderson v. Shinseki, 562 U.S. 428, 21 434 (2011) (“[F]ederal courts have an independent obligation to ensure that they do not exceed the 22 scope of their jurisdiction, and therefore they must raise and decide jurisdictional questions that 23 the parties either overlook or elect not to press.”); see also Mashiri v. Dep’t of Educ., 724 F.3d 24 1028, 1031 (9th Cir. 2013) (“[F]ederal courts have a continuing, independent obligation to 25 determine whether subject matter jurisdiction exists.”). 27 Dated: August 14, 2025 P. Casey Pitts 2 United States District Judge 3 4 5 6 7 8 9 10 11 12

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