Elawyers Elawyers
Ohio| Change

Hakan Agro DMCC v. Van Son Service Agriculture Company Limited, 18-cv-04038-DMR. (2018)

Court: District Court, N.D. California Number: infdco20180927834 Visitors: 2
Filed: Sep. 26, 2018
Latest Update: Sep. 26, 2018
Summary: ORDER TO SHOW CAUSE RE SUBJECT MATTER JURISDICTION DONNA M. RYU , Magistrate Judge . Plaintiff Hakan Agro DMCC filed this action against Defendant Van Son Service Agriculture Company Limited on July 5, 2018, seeking recognition of a foreign money judgment pursuant to the Uniform Foreign-Country Money Judgments Recognition Act ("UFCMJRA"), California Code of Civil Procedure section 1713 et seq. In the complaint, Plaintiff alleges that the court has jurisdiction over this matter pursuant to
More

ORDER TO SHOW CAUSE RE SUBJECT MATTER JURISDICTION

Plaintiff Hakan Agro DMCC filed this action against Defendant Van Son Service Agriculture Company Limited on July 5, 2018, seeking recognition of a foreign money judgment pursuant to the Uniform Foreign-Country Money Judgments Recognition Act ("UFCMJRA"), California Code of Civil Procedure section 1713 et seq. In the complaint, Plaintiff alleges that the court has jurisdiction over this matter pursuant to 28 U.S.C. § 1332(a)(2) because the parties are diverse and the amount in controversy exceeds $75,000. Compl. ¶ 4. Specifically, Plaintiff alleges that it is a corporation formed and based in the United Arab Emirates and that Defendant is a corporation formed and based in Vietnam. Id. at ¶¶ 5, 6. "Although the federal courts have jurisdiction over an action between `citizens of a state and citizens or subjects of a foreign state,' 28 U.S.C. § 1332(a)(2), diversity jurisdiction does not encompass a foreign plaintiff suing foreign defendants." Nike, Inc. v. Comercial Iberica de Exclusivas Deportivas, S.A., 20 F.3d 987, 991 (9th Cir. 1994) (citing Cheng v. Boeing Co., 708 F.2d 1406, 1412 (9th Cir. 1983)). Therefore, it appears that this court lacks jurisdiction over this action. By no later than September 28, 2018, Plaintiff shall show cause why this action should not be dismissed for lack of federal subject matter jurisdiction. If Plaintiff fails to respond by that date or its response fails to establish a basis for federal subject matter jurisdiction, the court will prepare a report and recommendation recommending that a district judge dismiss the action. The October 3, 2018 case management conference is VACATED.

IT IS SO ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer