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Title Alpha Capital Anstalt v. Weikang Bio-Technology Group Co.

February 7, 2012

TITLE ALPHA CAPITAL ANSTALT
v.
WEIKANG BIO-TECHNOLOGY GROUP CO., INC.



The opinion of the court was delivered by: The Honorable Dolly M. Gee, United States District Judge

CIVIL MINUTES-GENERAL

Present: The Honorable DOLLY M. GEE, UNITED STATES DISTRICT JUDGE

VALENCIA VALLERY NOT REPORTED

Deputy Clerk Court Reporter

Attorneys Present for Plaintiff(s) Attorneys Present for Defendant(s)

None Present None Present

Proceedings: IN CHAMBERS-ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED

On February 1, 2012, Plaintiff Alpha Capital Anstalt filed a complaint against Defendant Weikang Bio-Technology Group Co., Inc. for breach of contract, anticipatory breach of contract, and declaratory relief. Plaintiff asserts subject matter jurisdiction based on diversity of citizenship, 28 U.S.C. § 1332(a)(2).

As alleged, Plaintiff is a citizen of Liechtenstein and Defendant is a citizen of both China and Nevada, having its principal place of business in the former and its charter in the latter (Compl. ¶¶ 3-4). See 28 U.S.C. § 1332(c)(1). Based on these allegations, it appears that complete diversity does not exist between the parties. See Nike, Inc. v. Comercial Iberica de Exclusivas Deportivas, S.A., 20 F.3d 987, 990-91 (9th Cir. 1994).

Therefore, Plaintiff is ORDERED TO SHOW CAUSE why this action should not be dismissed for lack of diversity jurisdiction. Plaintiff shall file its response on or before February 17, 2012.

IT IS SO ORDERED.

20120207

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