Capital Providers of Cambridge Sarnano, LLC v-Kevin Robl
Capital Providers of Cambridge Sarnano, LLC v-Kevin Robl
Trial Court Opinion
CIVIL MINUTES – GENERAL
Case No. 2:22-cv-07265-SPG-SK Date July 7, 2023
Title Capital Providers of Cambridge Sarnano, LLC et al v-Kevin Robl et al
Present: The Honorable SHERILYN PEACE GARNETT UNITED STATES DISTRICT JUDGE
P. Gomez Not Reported Deputy Clerk Court Reporter / Recorder
Attorneys Present for Plaintiff: Attorneys Present for Defendants:
Not Present Not Present
Proceeding: (IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF SUBJECT MATTER JURISDICTION Plaintiff(s) are ORDERED to show cause by no later than July 19, 2023, why this case should not be dismissed for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1). Plaintiffs allege this Court has jurisdiction pursuant to
28 U.S.C. §§ 1331and 1367 based on claims asserted under federal law. (ECF No. 1 ¶ 17). However, it appears that the only claim asserted under a federal statute is Plaintiffs’ tenth claim for relief. Plaintiffs’ tenth claim is brought under
18 U.S.C. §§ 1348and 3301. Neither statute provides a private right of action. See, e.g., Tasaka v. Bayview Loan Servicing, LLC, No. 17-CV-07235 (LDH)(ST),
2022 WL 992472, at *6 (E.D.N.Y. Mar. 31, 2022). Accordingly, they cannot serve as the basis for federal question jurisdiction. See Reynolds v. Wilkerson, No. 13-CV-04855- LHK,
2014 WL 4062771, at *4 (N.D. Cal. Aug. 14, 2014).
IT IS SO ORDERED.
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Initials of Preparer pg
Reference
- Status
- Unknown