Hoofnagle v. Safeway Inc

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE

KEITH HOOFNAGLE, CASE NO. C21-5254JLR Plaintiff, ORDER TO SHOW CAUSE v. REGARDING SUBJECT SAFEWAY INC., Defendant.

Before the court is Plaintiff Keith Hoofnagle’s complaint against Defendant Safeway Inc. for negligence. (Compl. (Dkt. # 1).) Mr. Hoofnagle alleges that the court has subject matter jurisdiction pursuant to 28 U.S.C. § 1332 and that “[t]he amount in controversy exceeds $75,000.” (Id. ¶¶ 5-8.) This allegation is insufficient for the court to determine its own subject matter jurisdiction. Federal district courts are “courts of limited jurisdiction,” possessing “only that power authorized by Constitution and statute.” Exxon Mobil Corp. v. Allapattah Servs., Inc., 545 U.S. 546, 552 (2005). If a federal court determines that it lacks subject matter jurisdiction at any time during a dispute, the court must dismiss the action. See Fed. R. Civ. P. 12(h)(3); Rosales v. United States, 824 F.2d 799, 803 n.4 (9th Cir. 1987). Federal diversity jurisdiction exists when a lawsuit arises between citizens of different states and

the amount in controversy exceeds $75,000. See 28 U.S.C. § 1332. The party invoking jurisdiction must allege facts that establish the court’s subject matter jurisdiction. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61 (1992). Here, it is Mr. Hoofnagle’s burden “both to allege with sufficient particularity the facts creating jurisdiction, in view of the nature of the right asserted, and . . . if inquiry be

made by the court of its own motion, to support the allegation.” See St. Paul Mercury Indem. Co. v. Red Cab Co., 303 U.S. 283, 288 n.10 (1938). Because the court finds Mr. Hoofnagle’s single allegation insufficient to establish the required amount in controversy, the court ORDERS Mr. Hoofnagle to provide supplemental information concerning the amount in controversy within fourteen (14) days of the date of this order. If Mr.

Hoofnagle fails to respond to this order or fails to provide information establishing the requisite amount in controversy or some other basis for the court’s exercise of subject matter jurisdiction over this action, the court will dismiss this action. Dated this 26th day of April, 2021. A United States District Judge