Jeannette Williams v. T-Mobile USA, Inc.

Northern District of California, cand-4:2015-cv-03384

ORDER TO SHOW CAUSE re Jurisdiction. Show Cause Response due by 11/16/2015. Signed by Judge Jeffrey S. White on November 9, 2015. (jswlc3, COURT STAFF)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 JEANNETTE WILLIAMS, 7 Case No. 15-cv-03384-JSW Plaintiff, 8 ORDER TO SHOW CAUSE RE v. JURISDICTION 9 T-MOBILE USA, INC., Re: Docket No. 23 10 Defendant. 11 12 Northern District of California United States District Court 13 On October 14, 2015, the Court issued an Order granting Defendant T-Mobile USA, Inc.'s 14 motion to dismiss Plaintiff's claim asserting violations of the Telephone Consumer Protection Act 15 ("TCPA"), and it gave Plaintiff leave to amend that claim. The Court reserved ruling on 16 Plaintiff's claim for violations of the Rosenthal Fair Debt Collection Practices Act ("RFDCPA"). 17 (Docket No. 22.) On November 6, 2015, Plaintiff filed her Second Amended Complaint ("SAC"). 18 (Docket No. 23) 19 Although Plaintiff makes reference to the TCPA in paragraph 4, as a basis for subject 20 matter jurisdiction, the only claim for relief asserted is a state law claim for violations of the 21 RFDCPA. (SAC ¶¶ 13-14.) Plaintiff has not alleged any facts demonstrating that the Court has 22 diversity jurisdiction over the matter. 23 Accordingly, Plaintiff is HEREBY ORDERED TO SHOW CAUSE why this case should 24 not be dismissed for lack of subject matter jurisdiction. 25 // 26 // 27 // 28 // 1 Plaintifff's responsee to this Ordeer to Show Cause shall bbe due by noo later than N November 2 16,, 2015. 3 IT IS SO S ORDER RED. 4 Daated: Novemb ber 9, 2015 5 6 ___________________________ JE EFFREY S. W WHITE 7 Unnited States D District Judgge 8 9 10 11 12 Northern District of California United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2