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Nguyen v. General Insurance

United States District Court, N.D. California, San Jose Division

June 10, 2014

KHOA DANG NGUYEN, Plaintiff,
v.
THE GENERAL INSURANCE, Defendant.

ORDER THAT CASE BE REASSIGNED WITH REPORT AND RECOMMENDATION

PAUL S. GREWAL, Magistrate Judge.

Pursuant to the court's denial of Plaintiff Khoa Dang Nguyen application to proceed in forma pauperis in this case, the court ordered Nguyen to pay the filing fee for his case within seven days to avoid dismissal of the case without prejudice.[1] Eight days later, the court issued an order that dismissed Nguyen's case without prejudice because no filing fee had yet been paid.[2] Later that day, however, Nguyen paid the filing fee to the Clerk. Although Plaintiff has since consented to magistrate judge jurisdiction, [3] Defendant has not.

Because Nguyen has not provided the court with an adequate basis to assume subject matter jurisdiction over the case, and the court does not have consent of all the parties to the case, the court orders the case reassigned to a district judge with the recommendation that the district judge dismiss the case for lack of subject matter jurisdiction.[4]

A. Subject Matter Jurisdiction Does Not Appear to Lie Over This Case

"In order for this court to have subject matter jurisdiction over" the "cause of action, Plaintiff would have to either: 1) also allege a federal cause of action; or 2) show diversity of citizenship between" Plaintiff and Defendant.[5] Nguyen's complaint alleges this court possesses diversity jurisdiction over the case pursuant to 28 U.S.C. ยง 1332.[6] The complaint itself alleges the case belongs in federal court "because none of the plaintiffs live in the same state as any of the defendants."[7] But diversity jurisdiction also requires Nguyen to show the amount-in-controversy exceeds the jurisdictional minimum. Here, Nguyen's opening settlement demand was for $60, 579.68.[8] Because Nguyen has not pleaded an amount-in-controversy greater than $75, 000, diversity jurisdiction is absent. A review of Nguyen's complaint provides no alternative basis for subject matter jurisdiction.[9] Nguyen also has not pleaded the claims at issue arise under federal law.

Because the court does not have subject matter jurisdiction over Nguyen's case, the court orders the case reassigned with the recommendation that the case be dismissed.

IT IS SO ORDERED


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