Rogelio Aviles v. Thor Motor Coach, Inc.

• Court: District Court, C.D. California
• Decided: June 10, 2025
• Docket: 5:25-cv-01132
• Status: Unknown

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE CENTRAL DISTRICT OF CALIFORNIA 10 11 ROGELIO AVILES, an individual; and Case No. 5:25-cv-01132-JWH-SHK CLAUDIA CHAVES, an individual, 12 Plaintiffs, ORDER TO SHOW CAUSE 13 REGARDING FAILURE TO FILE v. RULE 7.1 DISCLOSURES 14 THOR MOTOR COACH, INC., a 15 Delaware Corporation; and DOES 1 through 20, inclusive, 16 Defendants. 17 18 19 20 21 22 23 24 25 26 27 1 Plaintiffs Rogelio Aviles and Claudia Chavez filed the instant action 2 against Defendant Thor Motor Coach, Inc. in April 2025 in Los Angeles County 3 Superior Court.1 In May 2025, Thor Motor Coach removed this case to this 4 Court, pursuant to 28 U.S.C. § 1332.2 5 As an initial matter in every case, the court must ensure that it possesses 6 subject matter jurisdiction. District courts “have original jurisdiction of all civil 7 actions where the matter in controversy exceeds the sum or value of $75,000, 8 exclusive of interest and costs, and is between . . . citizens of different states[.]” 9 28 U.S.C. § 1332. The party invoking the court’s jurisdiction bears “the burden 10 of demonstrating that the court has subject matter jurisdiction to hear an 11 action.” Nguyen v. Cache Creek Casino Resort, 2021 WL 22434, at *2 (E.D. Cal. 12 Jan. 4, 2021), report and recommendation adopted sub nom. Hung Nguyen v. Cache 13 Creek Casino Resort, 2021 WL 568212 (E.D. Cal. Feb. 16, 2021) (citing Kokkonen 14 v. Guardian Life Ins. Co., 511 U.S. 375, 377 (1994)). 15 Rule 7.1 of the Federal Rules of Civil Procedure requires that, for actions 16 based upon diversity jurisdiction, each party or intervenor “must” file a 17 disclosure statement naming and identifying the citizenship of “every individual 18 or entity whose citizenship is attributed to that party or intervenor” “(A) when 19 the action is filed in or removed to federal court, and (B) when any later event 20 occurs that could affect the court’s jurisdiction under § 1332(a).” 21 Fed. R. Civ. P. 7.1(a)(2) (emphasis added). The party or intervenor “must” file 22 its Rule 7.1 disclosure “with its first appearance, pleading, petition, motion, 23 response, or other request addressed to the court,” and again “promptly,” if 24 any required information changes. Fed. R. Civ. P. 7.1(b) (emphasis added). The 25 parties’ Rule 7.1 disclosures allow the court to assess the diversity of the parties, 26

27 1 Compl. [ECF No. 1-1]. 1|| and they are imperative for assessing diversity with respect to corporations. Neither Plaintiffs nor Thor Motor Coach has filed a Rule 7.1 Disclosure 3|| Statement. 4 Therefore, on its own motion, the Court hereby ORDERS as follows: 5 1. Each Party is DIRECTED to file, no later than June 27, 2025, his, 6|| her, or its respective Rule 7.1(a)(2) Disclosure Statement as well as a 7 || supplemental memorandum (including supporting evidence, to the extent &|| necessary) explaining whether this Court has subject matter jurisdiction over the 9|| instant action. 10 2. Anin-person hearing on this Order to Show Cause is SET for 11|| July 18, 2025, at 11:00 a.m. in Courtroom 9D of the Ronald Reagan Federal 12|| Building and U.S. Courthouse, 411 W. 4th Street, Santa Ana, California. 13 IT IS SO ORDERED. 14 15|| Dated: June 10, 2025 □ 16 ae SERTES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28