Delon Johns v. Denis McDonough

United States District Court for the Central District of California

Delon Johns v. Denis McDonough

Trial Court Opinion

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES— GENERAL

Case No. 5:24-cv-01989-SSS-SHKx Date September 25, 2024 Title Delon Johns v. Denis McDonough

Present: The Honorable SUNSHINE S. SYKES, UNITED STATES DISTRICT JUDGE

Irene Vazquez Not Reported Deputy Clerk Court Reporter

Attorney(s) Present for Plaintiff(s): Attorney(s) Present for Defendant(s): None Present None Present

Proceedings: (IN CHAMBERS) ORDER to Show Cause Why This Case Should Not Be Dismissed for Lack of Subject Matter Jurisdiction Plaintiff Delon Johns filed a lawsuit alleging she was subjected to sexual discrimination and harassment while working for the Department of Veterans Affairs. [See generally Dkt. 1]. Federal district courts “have an independent obligation to determine whether subject-matter jurisdiction exists, even in the absence of a challenge from any party.” Arbaugh v. Y&H Corp.,

546 U.S. 500, 514

(2006). There are two types of subject matter jurisdiction: federal question jurisdiction and diversity jurisdiction.

28 U.S.C. §§ 1331

, 1332. The party asserting jurisdiction bears the burden of showing subject matter jurisdiction exists. See Leite v. Crane Co.,

749 F.3d 1117, 1121

(9th Cir. 2014). // // // Here, Delon fails to allege this Court has either federal question jurisdiction or diversity jurisdiction. Accordingly, Plaintiff is ORDERED TO SHOW CAUSE in writing why this action should not be dismissed for lack of subject matter jurisdiction. The response must not exceed 10 pages, and it is due by October 18, 2024. A hearing is set on this matter on October 25, 2024, at 1:00 p.m. via Zoom videoconference. IT IS SO ORDERED.

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