Wexler

1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 MARSHALL WEXLER, Case No. 4:25-cv-00349-YGR

7 Plaintiff, ORDER TO SHOW CAUSE RE: SUBJECT v.

MATTER JURISDICTION

8

9 STARBUCKS CORPORATION AND JOHN DOE

TRUCKING COMPANY,

10 Defendant.

11

TO PLAINTIFF MARSHALL WEXLER:

12 13 You are HEREBY ORDERED TO SHOW CAUSE in writing why this case should not be remanded for lack of subject matter jurisdiction. In his complaint, plaintiff, formerly a resident of California, 14 now identifies himself as an “an individual residing in the country of Brazil.” (Dkt. No. 1, 15 Complaint for Compensatory Damages (“Comp.”) ¶ 6.) 16 A U.S. citizen who is domiciled outside the United States is neither a citizen of a state under 17 § 1332(a)(1) nor a citizen of a foreign state under § 1332(a)(2). Newman-Green, Inc. v. Alfonzo- 18 Larrain, 490 U.S. 826, 828 (1989). In other words, presence of a U.S. citizen domiciled abroad 19 defeats diversity jurisdiction. Brady v. Brown, 51 F.3d 810, 815 (9th Cir. 1995); see, e.g., Turan 20 Petroleum, Inc. v. Lentin, 482…