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Calderon v. Citimortgage, Inc.

United States District Court, Central District of California

January 14, 2015

ALEXANDER CALDERON, ETC.
v.
CITIMORTGAGE, INC., ETC., ET AL

MINUTE ORDER TO SHOW CASE RE (1) FAILURE TO APPEAR AT SCHEDULING CONFERENCE; AND (2) SUBJECT MATTER JURISDICTION (IN CHAMBERS)

VIRGINIA A. PHILLIPS, U.S. DISTRICT JUDGE

On January 5, 2015, the Court held a scheduling conference in this matter. Lead trial counsel for the Plaintiff, Stephen R. Wade, did not appear. The Court's Order Setting Scheduling Conference makes clear that all lead trial counsel must appear at the scheduling conference, and that failure to comply may lead to sanctions. (See Doc. No. 11.) Accordingly, the Court ORDERS Stephen R. Wade to show cause why he should not be sanctioned $500 for his failure to appear at the January 5, 2015 scheduling conference.

The Court also orders Plaintiff Alexander Calderon to show cause why this case should not be dismissed for lack of subject matter jurisdiction. Plaintiff filed this case under the diversity jurisdiction statute. See 28 U.S.C. § 1332. That statute requires, inter alia, that the amount in controversy exceed $75, 000. See 28 U.S.C. § 1332(a). In his Rule 26(f) Report, Plaintiff stated he "no longer needs the injunctive and specific performance relief requested in the Complaint." (See Doc. No. 15 at 5.) The amount in controversy appears now, therefore, to be less than $75, 000. Accordingly, Plaintiff is ORDERED to show cause why this case should not be dismissed for lack of subject matter jurisdiction. Plaintiff may vacate this order by filing a notice of dismissal.

Stephen R. Wade and Plaintiff must each show cause, in writing, no later than January 30, 2015.

IT IS SO ORDERED.


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