DeFazio

DeFazio v. Boyden World Corporation

Good Law
United States District Court, Northern District of CaliforniaDecember 23, 20194:19-cv-06121California602 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JEFF DEFAZIO, Case No. 19-cv-06121-JST

Plaintiff,

ORDER TO SHOW CAUSE RE:

v. SUBJECT MATTER JURISDICTION

BOYDEN WORLD CORPORATION, et al., 11 Defendants.

13 Plaintiff Jeff DeFazio’s complaint does not contain the jurisdictional statement required by 14 Civil Local Rule 3-5. See ECF No. 1. He alleges only state-law claims, id., and his amended civil 15 cover sheet asserts federal jurisdiction on the basis of diversity. ECF No. 3. The amended civil 16 cover sheet indicates that DeFazio is a citizen of California and that Defendants are citizens of 17 another state. Id. 18 However, the complaint does not allege the citizenship of the parties. For example, it 19 alleges the residence of DeFazio and Defendant Dick McCallister, ECF No. 1 ¶¶ 1, 4, but a 20 “natural person’s state citizenship is . . . determined by her state of domicile, not her state of 21 residence. A person’s domicile is her permanent home, where she resides with the intention to 22 remain or to which she…

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