Beijing Royalair International Travel Co. Ltd. v. Peter K. Spitz
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
BEIJING ROYALAIR CV 21-6420 DSF (JEMx)
INTERNATIONAL TRAVEL CO.,
LTD., Order to Show Cause re Dismissal Plaintiff, for Lack of Subject Matter Jurisdiction Vv. PETER K. SPITZ, et al., Defendants.
Plaintiff filed this case in federal court claiming diversity jurisdiction. However, Plaintiff is an alien corporation and Defendants include both a foreign corporation and United States citizens. There is no diversity jurisdiction where there is a foreign citizen on one side and foreign citizens and citizens of States on the other. See Faysound Ltd. v. United Coconut Chemicals, Inc., 878 F.2d 290, 295 (9th Cir. 1989). Therefore, Plaintiff is ordered to show cause, in writing, no later than August 24, 2021 why this case should not be dismissed for lack of subject matter jurisdiction. Specifically, Plaintiff should inform the Court whether Plaintiff intends to dismiss the foreign defendant or if the entire case should be dismissed without prejudice.