Gates

Gates v. E.M. Hundley Hardware Co.

Good Law
United States District Court, Northern District of CaliforniaDecember 28, 20223:22-cv-04663California974 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 RICHARD M. GATES, Case No. 22-cv-04663-TSH

Plaintiff,

ORDER TO SHOW CAUSE

v.

E.M. HUNDLEY HARDWARE CO., Defendant.

12 On August 12, 2022, Plaintiff Richard Gates filed the present action against his former employer, Defendant E.M. Hundley Hardware Co., alleging two causes of action under the Employee Retirement Income Security Act: (1) failure to provide plan information; and (2) denial of benefits. He now moves for default judgment. ECF No. 13. Federal courts are courts of limited jurisdiction and are presumptively without jurisdiction. Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994). A federal court may dismiss an action on its own motion if it finds that it lacks subject matter jurisdiction. Fiedler v. Clark, 714 F.2d 77, 78-79 (9th Cir. 1983); see also Fed. R. Civ. P. 12(h)(3) (“If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action.”). Here, Gates…

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