1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 HOUDA TARABISHI, Case No. 23-cv-01231-SVK

8 Plaintiff, ORDER TO SHOW CAUSE RE 9 v. SUBJECT MATTER JURISDICTION

10 CHRISTINA HART, Re: Dkt. No. 7 11 Defendant.

12 Pro se Plaintiff Houda Tarabishi filed this tort action on February 14, 2023 in the Santa 13 Cruz County Superior Court. Dkt. 2-1. In removing the action to this Court on March 17, 2023, 14 Defendant filed a certification pursuant to

(d) that Defendant Hart was acting 15 within the course and scope of her employment at the time of the incident alleged in the 16 Complaint. Dkt. 2. As a result of this certification, Plaintiff’s claim against Defendant Hart is 17 deemed an action against the United States, which has been automatically substituted as 18 Defendant.

(d)(2). Additionally, Plaintiff’s claim against the United States must 19 be brought under the Federal Tort Claims Act (“FTCA”),

, et seq.

Both 20 Parties have consented to the jurisdiction of the undersigned. Dkts. 14-15. 21 Defendant United States moved to dismiss Plaintiff’s Complaint on March 24, 2023, for 22 lack of subject matter jurisdiction. Dkt. 7. Defendant argues, and presents supporting evidence, 23 that Plaintiff failed to exhaust her administrative remedies before filing suit.

Dkt. 7-1 (Russell 24 Decl.) ¶¶ 6-7. Under the FTCA, exhaustion of administrative remedies is a jurisdictional 25 prerequisite.

(b), 2675(a); Brady v. United States,

(9th Cir. 26 2000). Plaintiff has neither alleged that she has exhausted her administrative remedies nor 27 opposed Defendant’s motion to dismiss. 1 is ORDERED to respond in writing by May 16, 2023 and to appear before the Court on May 23, 2 || 2023 at 10:00 a.m. and show cause why the Court possesses jurisdiction over her claim in light of 3 |}

(a) and why the Court should not dismiss the action. The hearing will be held via 4 || Zoom and can be accessed using the following link: https://www.cand.uscourts.gov/svk. The 5 Parties are encouraged to review the Court’s guidance on Zoom appearances in advance of the 6 || hearing, which can be found at https://www.cand.uscourts.gov/zoom/. In the alternative, the 7 Parties may stipulate to dismissal pursuant to Federal Rule 41 by May 16, 2023, in which case the 8 Parties need not appear for the hearing. The May 2, 2023 hearing on Defendant’s motion to 9 || dismiss is VACATED. 10 The Court encourages Plaintiff to seek out the assistance of the Federal Pro Se Program, 11 which offers free legal information for pro se litigants. While the Program does not provide legal 12 || representation, a licensed attorney may assist Plaintiff with aspects of her case, such as responding 5 13 || to this order. The Program’s phone number is (408) 297-1480. More information on the Program 14 || is available on the Court’s website at https://cand.uscourts.gov/helpcenters}. 3 15 Plaintiff may also wish to consult a manual the Court has adopted to assist pro se litigants 16 || in presenting their case. An online version of the manual, as well as other free information for pro 3 17 se litigants, is available on the Court’s website at https://cand.uscourts.gov/pro-se. 1g SO ORDERED. 19 || Dated: April 18, 2023 20 21 Seon yer SUSAN VAN KEULEN United States Magistrate Judge 23 24 25 26 27 28