Singh v. Palmetto Consulting of Columbia, LLC

— 1 — — 2 — — 3 — — 4 — — 5 — — 6 — 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA — 9 — — 10 — AMRIT SINGH, Case No. 21-cv-06183-NC — 11 — Plaintiff, ORDER TO SHOW CAUSE RE: 12 SUBJECT MATTER v. JURISDICTION — 13 — PALMETTO CONSULTING OF Re: ECF 1 14 COLUMBIA, LLC, and others, 15 Defendants. — 16 — 17 On August 11, 2021, Pro Se Plaintiff Amrit Singh filed a complaint against 18 Defendants regarding a contract dispute over the ownership of an insurance company. 19 ECF 1. It is unclear from the complaint whether this Court has subject matter jurisdiction 20 over the dispute. Accordingly, the Court ORDERS Singh to show cause in writing why 21 this case should not be dismissed by September 13, 2021. 22 Federal courts are courts of limited jurisdiction and are presumptively without 23 jurisdiction. Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994). 24 Federal courts only have jurisdiction over three types of cases: (1) where the United States 25 is a party; (2) where there is a “federal question” asserted; and (3) where there is complete 26 diversity of citizenship between the parties and the amount in controversy exceeds 27 $75,000. See 28 U.S.C. §§ 1331–32. 1 three categories of federal subject matter jurisdiction. First, the United States is not a 2 party. Second, Singh indicates this case arises out of a contract dispute. See ECF 1-1 at 1. 3 Contract law is governed by state law, not federal law, so there is no federal question. See — 4 — 28 U.S.C. § 1331 . Third, although Singh identifies diversity as the basis of the Court’s 5 jurisdiction, the complaint does not demonstrate complete diversity of citizenship between 6 the parties and an amount in controversy exceeding $75,000. See 28 U.S.C. § 1332 . 7 To satisfy diversity jurisdiction, Singh must demonstrate complete diversity of 8 citizenship between himself–the plaintiff–and all of the defendants. See id. For 9 individuals, citizenship is determined by domicile, or the state where you live with the 10 intent to permanently remain. See Chicago & N. R. Co. v. Ohle, 177 U.S. 123, 126 (1886). 11 For corporations, citizenship is determined by the corporation’s state of incorporation and 12 principal place of business. For limited liability companies, citizenship is determined by 13 the citizenship of all LLC members. See Johnson v. Columbia Props. Anchorage, LP, 437 14 F.3d 894, 899 (9th Cir. 2006). In the complaint, Singh identifies the principal place of 15 business of one defendant–American Transportation Group Insurance, Risk Retention 16 Group–but in order to establish diversity jurisdiction he needs to identify ATGI’s principal 17 place of business and state of incorporation and he needs to identify the citizenship of the 18 remaining eighteen defendants. 19 Singh must also demonstrate an amount in controversy exceeding $75,000 to 20 establish diversity jurisdiction. See 28 U.S.C. § 1332 . It is unclear from the complaint 21 what Singh is requesting for relief, but there does not appear to be any monetary damages 22 request. Thus, as it alleged, there is no diversity jurisdiction because the amount in 23 controversy does not exceed $75,000. 24 Finally, the Court informs Singh that the Federal Pro Se Program at the San Jose 25 Courthouse provides free information and limited-scope legal advice to pro se litigants in 26 federal civil cases. The Federal Pro Se Program is available by phone appointment at 27 (408) 297-1480. There are also online resources available on the Court’s webpage. The 1 || downloadable version of the Court’s publication: Representing Yourself in Federal Court: 2 || A Handbook for Pro Se Litigants. 3 In sum, the Court ORDERS Singh to show cause in writing why this case should 4 || not be dismissed by September 13, 2021. If Singh does not file a response by September 5 || 13, the Court will recommend dismissal of the complaint. — 6 — 7 IT IS SO ORDERED. — 8 — 9 Dated: August 13, 2021 hbo ——> _ NATHANAEL M. COUSINS 10 United States Magistrate Judge — 11 — — 12 — — 13 — — 14 — — 15 — — 16 — © 17 1g zZ — 19 — — 20 — — 21 — — 22 — — 23 — — 24 — — 25 — — 26 — — 27 — — 28 —