1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 LIAM ALEXANDER, Case No. 24-cv-08394-TSH

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

10 HILTON HOTELS WORLDWIDE, 11 Defendant.

12 13 On October 23, 2024, Plaintiff Liam Alexander filed suit against Hilton Hotels Worldwide, 14 alleging one claim for “personal injury.” ECF No. 1. However, Plaintiff states both parties are 15 residents of California and jurisdiction is based on a federal question. 16 “Federal courts are courts of limited jurisdiction. They possess only that power authorized 17 by Constitution and statute.” Kokkonen v. Guardian Life Ins. Co. of Am.,

, 377 18 (1994). “Subject matter jurisdiction can never be forfeited or waived and federal courts have a 19 continuing independent obligation to determine whether subject-matter jurisdiction exists.” 20 Leeson v. Transamerica Disability Income Plan,

, 975 n.12 (9th Cir. 2012) (internal 21 quotation marks and citations omitted); Valdez v. Allstate Ins. Co.,

(9th Cir. 22 2004) (noting that district courts are “obligated to consider sua sponte whether [they] have subject 23 matter jurisdiction”). There are two bases for federal subject matter jurisdiction: (1) federal 24 question jurisdiction under

and (2) diversity jurisdiction under

. 25 A district court has federal question jurisdiction in “all civil actions arising under the Constitution, 26 laws, or treaties of the United States.”

at § 1331. A district court has diversity jurisdiction 27 “where the matter in controversy exceeds the sum or value of $75,000, . . . and is between citizens 1 1332(a)(1)-(2). 2 As Plaintiff brings one state law tort claim, and he states the parties are both residents of 3 || California, jurisdiction appears to be lacking. Accordingly, Plaintiff is ORDERED TO SHOW 4 || CAUSE why this case should not be dismissed for lack of jurisdiction. Plaintiff shall file a 5 written response to this Order by December 17, 2024. Failure to do so will result in a 6 || recommendation that this case be dismissed for lack of subject matter jurisdiction. 7 IT IS SO ORDERED. 8 9 Dated: December 3, 2024 10 AA\. |\-4 THOMAS S. HIXSON I United States Magistrate Judge 12

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