*1 Case 2:08-cv-08259-GHK-RC Document 4 Filed 12/29/08 Page 1 of 1 Page ID #:90
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. CV 08-8259-GHK (RCx) Date December 29, 2008 Title Stone v. Countrywide Mortgage
Presiding: The Honorable GEORGE H. KING, U.S. DISTRICT JUDGE Beatrice Herrera N/A N/A Deputy Clerk Court Reporter / Recorder Tape No. Attorneys Present for Plaintiffs: Attorneys Present for Defendants: (none) (none)
Proceedings: (In Chambers) Order to Show Cause
As a court of limited jurisdiction, see Kokkonen v. Guardian Life Ins. Co. of Am. , 511 U.S. 375, 377 (1994), we must determine the issue of subject matter jurisdiction before reaching the merits of a case. See Steel Co. v. Citizens for a Better Env’t , 523 U.S. 83, 94 (1998).
On December 15, 2008, Plaintiff Mike Stone (“Plaintiff”) filed the above-captioned Complaint in this Court. Plaintiff did not allege subject matter jurisdiction. The party seeking to establish jurisdiction bears the burden of proving such. Kokkonen v. Guardian Life Ins. Co. of Am. , 511 U.S. 375, 377 (1994). Therefore, Plaintiff is ORDERED TO SHOW CAUSE , in writing, within twelve (12) days , as to why this matter should not be dismissed because this court lacks subject matter jurisdiction.
Plaintiff’s failure to timely and adequately show cause as required herein shall be deemed Plaintiff’s admission that this Court lacks subject matter jurisdiction. In that event, this action shall be dismissed without prejudice for lack of subject matter jurisdiction.
IT IS SO ORDERED.
: Initials of Deputy Clerk AB for Bea CV-90 (06/04) CIVIL MINUTES - GENERAL Page 1 of 1