The opinion of the court was delivered by: The Honorable Dolly M. Gee, United States District Judge
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.
© 1992-2012 VersusLaw ...