Lagera v. USA & 50 States

IN THE UNITED STATES DISTRICT COURT DISTRICT OF HAWAII

LETICIA LAGERA; SABADO, CIVIL NO. 20-00285 JAO-KJM FRANCO AND ARUCAN FAMILY; JANET IBALE CAMPOS HOWELL, ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE Plaintiffs, DISMISSED WITHOUT PREJUDICE vs. USA & 50 STATES, Defendants.

ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED WITHOUT PREJUDICE On June 23, 2020, Plaintiffs commenced this action without identifying a basis for subject matter jurisdiction. “Courts have an independent obligation to determine whether subject-matter jurisdiction exists, even when no party challenges it.” Hertz Corp. v. Friend, 559 U.S. 77, 94 (2010). Federal courts are presumed to lack subject matter jurisdiction, and the plaintiff bears the burden of establishing that subject matter jurisdiction is proper. See Kokkonen v. Guardian Life Ins. Co., 511 U.S. 375, 377 (1994). If the Court lacks subject matter jurisdiction, an action must be dismissed. See Fed. R. Civ. P. 12(h)(3).

No matter how liberally construed, the Complaint, an unintelligible stream of consciousness lacking identifiable claims, does not articulate a discernable basis for jurisdiction. Accordingly, Plaintiffs are ORDERED TO SHOW CAUSE why the case should not be dismissed without prejudice for lack of jurisdiction.

Plaintiffs must file a response to this Order to Show Cause by July 20, 2020, identifying the basis or bases for subject matter jurisdiction. Failure to timely respond or comply with this Order to Show Cause will result in a finding that Plaintiffs have failed to carry their burden of establishing subject matter jurisdiction and the Court will dismiss the action without prejudice.

IT IS SO ORDERED.

DATED: Honolulu, Hawai‘i, June 29, 2020.

St — dof Jill A. Otake > : 'S United States District Judge Qe a CIVIL NO. 20-00285 JAO-KJM; Lagera, et al. v. USA, et al., ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED WITHOUT PREJUDICE