CollegeStreet Import & Export (Tianjin) Co. Ltd. v. XL x HF LLC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 COLLEGESTREET IMPORT & EXPORT Case No. 23-cv-02303-AGT (TIANJIN) CO. LTD., 8 Plaintiff, ORDER TO SHOW CAUSE RE: SUBJECT-MATTER JURISDICTION v. 10 XL x HF, LLC, et al., 11 Defendants.

12 Tomorrow’s Zoom hearing on defendants’ motion to dismiss is vacated. The Court has questions regarding whether federal subject-matter jurisdiction—specifically, diversity jurisdiction under 28 U.S.C. § 1332—exists over this breach-of-contract action filed originally in Alameda County Superior Court and removed to this Court based on diversity. Though plaintiff did not contest removal, federal courts have an independent duty to ensure subject-matter jurisdiction exists before considering the merits of a case, Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 583 (1999), “even in the absence of a challenge from any party,” Arbaugh v. Y&H Corp., 546 U.S. 500, 501 (2006). “If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the…