Stone v. Popout Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JACK STONE, Case No. 21-cv-02090-DMR

Plaintiff, ORDER TO SHOW CAUSE v.

POPOUT INC., et al., Defendants.

Pro se Plaintiff Jack Stone filed a complaint and an application for leave to proceed in forma pauperis (“IFP”) on March 23, 2021. [Docket Nos. 1, 3.] On March 26, 2021, the court granted Plaintiff’s IFP application and noted that it would determine separately whether the complaint should be served. [Docket No. 8.] Having reviewed the complaint, it appears that the court lacks subject matter jurisdiction over this action. Plaintiff alleges that he contracted with Defendant Popout, Inc. dba Shippo (“Shippo”) “to ship a surfboard and relevant accessories to Plaintiff’s residence in Sendai, Japan,” and that Shippo was acting as an agent for Defendant DHL Freight USA, Inc. (“DHL”). Compl. ¶ 1. He further alleges that in December 2020, a third party delivered the surfboard and accessories 20 to him in “badly damaged” condition,…