NANCY J. KOPPE, Magistrate Judge.
The Court has a duty to ensure that it has subject matter jurisdiction over the dispute before it, which is an issue it can raise at any time. See, e.g., Fed. R. Civ. P. 12(h)(3).
The currently operative complaint does not allege a federal cause of action, and instead contends that diversity jurisdiction exists. Compl. at ¶ 4. On March 8, 2018, the Court ordered Plaintiff to show cause why the case should not be dismissed for lack of subject matter jurisdiction given that (1) the complaint does not allege the existence of diverse parties, Docket No. 3 at 1 (citing Benton v. Doe 1, et al., 2013 WL 2038225, at *3 (D. Or. Apr. 19, 2013), adopted, — WL 2037470 (D. Or. May 14, 2013)), and (2) the complaint's assertion of the amount in controversy was not supported by facts, Docket No. 3 at 2.
Plaintiff responded to that order to show cause by abandoning his attempt to rely on diversity jurisdiction. Docket No. 4. Instead, Plaintiff now contends that he may be able to plead a federal cause of action for retaliation under Title VII, and seeks leave to amend to do so. Plaintiff did not attach a proposed amended complaint, but see Local Rule 15-1(a), nor does Plaintiff explain why leave is required to file an amended complaint at this juncture, but see Fed. R. Civ. P. 15(a) (addressing amending as a matter of course). The Court has serious doubts as to Plaintiff's ability to state a claim for retaliation under Title VII,
While the Court is deferring ruling on subject matter jurisdiction to afford Plaintiff an opportunity to file an amended complaint, the Court feels compelled to remind Plaintiff and his counsel of their obligations under Rule 11 of the Federal Rules of Civil Procedure in drafting and filing any such amended complaint. In the limited filings in this case, Plaintiff has already provided what appear to be directly contradictory factual assertions. For example, Plaintiff attempted to plead diversity jurisdiction on the premise that "Defendants are not known at this time. Plaintiff has
In short, Plaintiff is permitted to file an amended complaint if he chooses. Such amended complaint must be filed by March 30, 2018. In the alternative, Plaintiff may consider it to be the better course to simply file a notice of voluntary dismissal and to pursue his claims in state court. See Fed. R. Civ. P. 41(a) (plaintiffs may voluntarily dismiss their cases prior to the filing of an answer or motion for summary judgment and, absent an earlier filed-case involving the same claim, such dismissal is without prejudice).
IT IS SO ORDERED.
Additionally, and significantly, a plaintiff cannot bring a claim for retaliation under Title VII without first exhausting his administrative remedies by filing a timely charge with the EEOC. See, e.g., Vasquez v. County of Los Angeles, 349 F.3d 634, 644 (9th Cir. 2003). Given that Plaintiff is claiming he does not want his supervisor to know of this retaliation claim, Docket No. 4 at 2, it seems obvious that he has not exhausted his administrative remedies with the EEOC.
In short, Plaintiff cannot simply shoehorn his state tort claim allegations of false reports to the FBI into a claim for employment retaliation under Title VII.