O'Reilly

O'Reilly v. California Ski Company

Good Law
United States District Court, Northern District of CaliforniaNovember 17, 20233:23-cv-03964California257 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

DARA S O'REILLY, Case No. 23-cv-03964-VC

Plaintiff,

ORDER TO SHOW CAUSE WHY

v. CASE SHOULD NOT BE DISMISSED

FOR LACK OF JURISDICTION

CALIFORNIA SKI COMPANY, et al.,

Defendants.

The parties must demonstrate that the Court has diversity jurisdiction over this action. At the Case Management Conference on November 17, 2023, defense counsel raised his uncertainty regarding the citizenship of individual defendant Gregory Whitehouse at the time that the complaint was filed. The complaint alleges that Whitehouse was a citizen of California. But if Whitehouse was a citizen of Utah, then there would not be complete diversity, and jurisdiction would be improper. Thus, Whitehouse’s state citizenship must be established.1 Additionally, the parties should address whether the case is in essence a family law dispute such that the Court should or would be required to decline to exercise jurisdiction. See generally Chan v. Exley, No. 21-cv-09990-VC, 2022 WL 1027113 (N.D. Cal. Apr. 6, 2022). Responses from both parties are due on December 4, 2023.

IT IS SO ORDERED.

1 “To be a citizen…

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