Ruelas v. Deacon Construction Holdings, LLC ( 2024 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 THOMAS RUELAS, Case No. 24-cv-02826-PCP 8 Plaintiff, ORDER TO SHOW CAUSE 9 v. 10 DEACON CONSTRUCTION HOLDINGS, LLC, 11 Defendant. 12 13 At the August 22, 2024, hearing on its pending motion to transfer, defendant Deacon v 14 || Construction Holdings, LLC, acknowledged that this Court may lack subject matter jurisdiction O 15 over this matter under 28 U.S.C. § 1332 because at least one member of its LLC may be a A 16 California resident. See Johnson v. Columbia Properties Anchorage, LP, 437 F.3d 894, 899 (9th 17 || Cir. 2006). Subsequently, the parties failed to stipulate to dismissal as they had been ordered to do 18 || by this Court (Dkt. Nos. 20, 21). 19 The parties now request that the Court rule on the pending motion. In the absence of 20 || subject matter jurisdiction, however, the Court cannot rule on any pending motions. The parties 21 are therefore ordered to show cause within 14 days of this order why this case should not be 22 || dismissed for lack of subject matter jurisdiction. 23 24 IT IS SO ORDERED. 25 || Dated: September 19, 2024 26 Ze. 27 L Coy > P. Casey Pitts 8 United States District Judge