Michael McGinnis v. Community.com, Inc.

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

MICHAEL MCGINNIS et al., Case No. 2:23-cv-02426-SB-JPR

Plaintiffs,

v.

ORDER TO SHOW CAUSE RE:

COMMUNICTY.COM, INC., SUBJECT MATTER

JURISDICTION

Defendant.

Plaintiffs Michael McGinnis and Cyndy Boulton filed a complaint alleging four causes of action: (1) violations of Cal. Penal Code § 631, (2) violations of Cal. Penal Code § 632, (3) violations of Cal. Penal Code § 632.7, and (4) violations of 18 U.S.C. § 2511(1)(a). Dkt. No. 1 at 19–23. Plaintiffs asserted federal question jurisdiction pursuant to their fourth cause of action and asserted supplemental jurisdiction over the remaining three causes of action. Id. at 2.

The parties entered a stipulation to dismiss the § 631 and § 2511(1)(a) causes of action “without leave to amend, but with permission to seek leave to amend the complaint should discovery on the surviving claims cure the legal deficiencies.” Dkt. No. 28. These claims were identical to those dismissed by this Court in Adler v. Community.com, Inc., 21-cv-2416-SB, 2021 WL 4805435, at *4 (C.D. Cal. Aug. 2, 2021). Pursuant to its prior order in Adler, the Court ordered the §…