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Mcalpine v. American Medical Services

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


March 1, 2012

MCALPINE
v.
AMERICAN MEDICAL SERVICES, INC.

The opinion of the court was delivered by: The Honorable James V. Selna

CIVIL MINUTES - GENERAL

Present: The Honorable James V. Selna

Karla J. Tunis Not Present Deputy Clerk Court Reporter Attorneys

Present for Plaintiffs: Attorneys Present for Defendants:

Not Present Not Present Proceedings: (In Chambers) Order to Show Cause re Jurisdiction

The Court has made a preliminary review of the Complaint filed February 24, 2012. Plaintiff Robin McAlpine is ordered to show cause in writing within fifteen days why the Complaint should not be dismissed for lack of jurisdiction.

1. The Complaint states no basis for federal jurisdiction. This is contrary to Local Rule 8-1: "The statutory or other basis for the exercise of jurisdiction by this Court shall be plainly stated in the first paragraph of any document invoking this Court's jurisdiction."

2. Only state common law theories are pled. Thus, there is no apparent basis for federal question jurisdiction. 28 U.S.C. § 1331.

3. The citizenship of American Medical Systems, Inc. ("American Medical") is not pled. Thus, there is no way to determine whether American Medical is diverse. See 28 U.S.C. § 1332(a), (c). DOE Manufacturers are affirmatively alleged to be "citizens and residents of the State of California." (Complaint, ¶ 5.) This negates the requirement for complete diversity. Strawbridge v. Curtiss, 7 U.S. [3 Cranch] 267 (1806).

Initials of Preparer kjt

20120301

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