Goe Engineering Co v. Physicians Formula

Case 2:94-cv-03576-DSF-JG Document 306 Filed 09/14/ Page 1 of Page ID #:202

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

GOE ENGINEERING CO., INC., CV 94-03576 DSF (JGx) a California corporation, Plaintiff, ORDER TO SHOW CAUSE RE

SUBJECT MATTER

v. JURISDICTION AND ORDER

DENYING APPLICATION

PHYSICIANS FORMULA FOR LEAVE TO FILE

COSMETICS, INC, a California SEALED DOCUMENT (DKT. corporation, et al. 297–2). Defendants.

Defendant Physicians Formula Cosmetics, Inc. is ordered to show cause why this action should not be dismissed for lack of federal subject matter jurisdiction. District courts have “original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.” 28 U.S.C. § 1331. Alternatively, district courts may exercise diversity jurisdiction when there is complete diversity between the parties and the amount in controversy exceeds $75,000. 28 U.S.C. § 1332. A party alleging subject matter jurisdiction has the burden of establishing it. Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994). When a district court dismisses an…