Staffworks, Inc. v Coastal Pacific Food Distributors, et al. Doc.

Case 2:05-cv-02504-MCE-GGH Document 8 Filed 12/21/2005 Page 1 of 2

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8 UNITED STATES DISTRICT COURT
9 EASTERN DISTRICT OF CALIFORNIA
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12 STAFFWORKS, INC., a California
corporation,
13 NO. 2:05-cv-2504-MCE-GGH
Plaintiff,
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v. ORDER OF DISMISSAL
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COASTAL PACIFIC FOOD
16 DISTRIBUTORS, INC., a
California corporation, WALTER
17 STILPHEN, an individual, FRANK
GONZALES, SR., an individual;
18 and DOES 1-20, Inclusive,
19 Defendants.
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21 Pursuant to Federal Rule of Civil Procedure 8(a), an initial
22 pleading shall contain “a short and plain statement of the
23 grounds upon which the court’s jurisdiction depends...” Eastern
24 District Local Rule 8-204 goes on to require that a complaint
25 include specific allegation setting forth the claimed statutory
26 or other basis for federal jurisdiction, as well as the facts
27 supporting such jurisdictional claim.
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Dockets.Justia.com
 Case 2:05-cv-02504-MCE-GGH Document 8 Filed 12/21/2005 Page 2 of 2

1 The instant Complaint, filed December 12, 2005, purports to

2 address these jurisdictional prerequisites at paragraph 6. The
3 stated basis for jurisdiction contained in that paragraph,
4 however, is premised on California Code of Civil Procedure §§ 86
5 and 88. Section 86 sets forth minimum jurisdictional
6 requirements for municipal and justice courts within the State of
7 California. It does not confer jurisdiction on this Court.
8 Moreover, Section 88 refers to the powers and duties of clerks in
9 California justice courts and likewise has no bearing on federal
10 jurisdiction.
11 Given the lack of proper jurisdictional allegations, the
12 Court, sua sponte, dismisses Plaintiff’s Complaint for failure to
13 comply with Federal Rule of Civil Procedure 8(a) and Local Rule
14 8-204. Because it appears from examination of the Complaint that
15 Plaintiff may be able to correct this defect, leave to amend to
16 include or clarify the necessary jurisdictional allegations will
17 be granted. 28 U.S.C. § 1653 (2005).
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19 IT IS SO ORDERED.
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21 DATED: December 20, 2005
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24 _____________________________
MORRISON C. ENGLAND, JR
25 UNITED STATES DISTRICT JUDGE
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