Aaron Kass v. Lexington Medical, Inc.

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 AARON KASS, Case No. 2:23-cv-05044-FLA (Ex)

Plaintiff,

ORDER TO SHOW CAUSE WHY

v. THE ACTION SHOULD NOT BE

REMANDED FOR LACK OF

SUBJECT MATTER JURISDICTION

LEXINGTON MEDICAL, INC., et al. 15 Defendants.

17 Federal courts are courts of “limited jurisdiction,” possessing only “power authorized by the Constitution and statute[.]” Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994); U.S. Const. art. III, § 2, cl. 1. Courts are presumed to lack jurisdiction unless the contrary appears affirmatively from the record. See DaimlerChrysler Corp. v. Cuno, 547 U.S. 332, 342 n. 3 (2006). Additionally, federal courts have an obligation to examine jurisdiction sua sponte before proceeding to the merits of a case. See Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 583 (1999). Federal courts have jurisdiction where an action arises under federal law or where each plaintiff’s citizenship is diverse from each…