Silver

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 NEIL SILVER, Case No. 20-cv-07382-JSW

Plaintiff,

ORDER TO SHOW CAUSE

v. REGARDING CAFA JURISDICTION

AND VACATING HEARING ON

TOBIAS & ASSOCIATES INC., MOTION TO DISMISS FIRST

AMENDED COMPLAINT

Defendant. 11 Re: Dkt. Nos. 27,

13 On January 22, 2021, Plaintiff filed his First Amended Complaint (“FAC”). (Dkt. No. 27.) 14 In his FAC, Plaintiff asserts that this Court has federal question jurisdiction pursuant to 28 U.S.C. 15 section 1331. (Id. ¶ 2.) Defendant challenges whether federal question jurisdiction exists, and the 16 Court will address this issue when it resolves Defendant’s pending motion to dismiss the FAC. 17 (See Dkt. No. 32.) Of relevance here is Plaintiff’s assertion that this Court also has jurisdiction 18 pursuant to the Class Action Fairness Act of 2005 (“CAFA”), 28 U.S.C. section 1332(d)(2). (FAC 19 ¶ 2). 20 A party seeking to invoke CAFA jurisdiction must establish, among other things, that 21 “minimal diversity” exists. Bush v. Cheaptickets,…