Hsieh v. Wu

N.D. California

Hsieh v. Wu

DecidedApril 21, 2020

Docket5:20-cv-00543

StatusUnknown

This text of Hsieh v. Wu (Hsieh v. Wu) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Hsieh v. Wu, (N.D. Cal. 2020).

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Opinion

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9

10 DANIEL HSIEH and TERESA CHIU, Case No. 20-cv-00543-NC 11 Plaintiffs, ORDER TO SHOW CAUSE WHY THE 12 v. COURT HAS SUBJECT MATTER 13 JOE WU, and others, JURISDICTION OVER THIS CASE

14 Defendants.

16 Federal courts are courts of limited jurisdiction. Diversity jurisdiction applies to all 17 civil actions where the amount in controversy exceeds $75,000 and the case is between 18 citizens of different states. 28 U.S.C. § 1332(a)(1). For purposes of determining diversity 19 jurisdiction, partnerships and limited liability corporations (LLCs) are citizens of every 20 state of which their owners or members are citizens. Johnson v. Columbia Properties 21 Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006). 22 Here, the Complaint alleges that this Court has diversity jurisdiction pursuant to 28 23 U.S.C. § 1332(a). Dkt. No. 1, Complaint, at 2. It alleges that defendant Sunrise Inn Food 24 Plaza, LP is a California limited liability partnership with principal offices in California 25 and that defendant United Venture Regional Center, LLC, is a California limited liability 26 corporation with principal offices in California. Id. The incorporation location and 27 principal office location do not determine the citizenship of a partnership or an LLC— 1 The Complaint does not identify the citizenship of the owners or members of 2 || either Sunrise Inn Food Plaza or United Venture Regional Center. Therefore, the parties 3 || are hereby ORDERED TO SHOW CAUSE why this Court has subject matter jurisdiction 4 || over this case. 5 The parties must respond in a joint filing within 7 days of this Order. If this Court 6 || lacks subject matter jurisdiction over this case, it will dismiss the case. 7 8 IT IS SO ORDERED. 9 10 Dated: April 21, 2020 hbte _ — _ NATHANAEL M. COUSINS 11 United States Magistrate Judge 12

A 16

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9

10 DANIEL HSIEH and TERESA CHIU, Case No. 20-cv-00543-NC 11 Plaintiffs, ORDER TO SHOW CAUSE WHY THE 12 v. COURT HAS SUBJECT MATTER 13 JOE WU, and others, JURISDICTION OVER THIS CASE

14 Defendants.

16 Federal courts are courts of limited jurisdiction. Diversity jurisdiction applies to all 17 civil actions where the amount in controversy exceeds $75,000 and the case is between 18 citizens of different states. 28 U.S.C. § 1332(a)(1). For purposes of determining diversity 19 jurisdiction, partnerships and limited liability corporations (LLCs) are citizens of every 20 state of which their owners or members are citizens. Johnson v. Columbia Properties 21 Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006). 22 Here, the Complaint alleges that this Court has diversity jurisdiction pursuant to 28 23 U.S.C. § 1332(a). Dkt. No. 1, Complaint, at 2. It alleges that defendant Sunrise Inn Food 24 Plaza, LP is a California limited liability partnership with principal offices in California 25 and that defendant United Venture Regional Center, LLC, is a California limited liability 26 corporation with principal offices in California. Id. The incorporation location and 27 principal office location do not determine the citizenship of a partnership or an LLC— 1 The Complaint does not identify the citizenship of the owners or members of 2 || either Sunrise Inn Food Plaza or United Venture Regional Center. Therefore, the parties 3 || are hereby ORDERED TO SHOW CAUSE why this Court has subject matter jurisdiction 4 || over this case. 5 The parties must respond in a joint filing within 7 days of this Order. If this Court 6 || lacks subject matter jurisdiction over this case, it will dismiss the case. 7 8 IT IS SO ORDERED. 9 10 Dated: April 21, 2020 hbte _ — _ NATHANAEL M. COUSINS 11 United States Magistrate Judge 12

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