Opinion
No. CV 09-2658-PHX-JAT.
January 13, 2010
ORDER
"Inquiring whether the court has jurisdiction is a federal judge's first duty in every case." Belleville Catering Co. v. Champaign Market Place, L.L.C., 350 F.3d 691, 693 (7th Cir. 2003). In this case, the complaint fails to sufficiently plead jurisdiction. See 28 U.S.C. § 1332; Johnson v. Columbia Properties Anchorage, L.P., 437 F.3d 894, 899 (9th Cir. 2006) (discussing the citizenship of a limited liability company); Industrial Tectonics v. Aero Alloy, 912 F.2d 1090, 1092 (9th Cir. 1990) (discussing the citizenship of a corporation).
Accordingly,
IT IS ORDERED that by January 27, 2010, Plaintiff (who is the party asserting jurisdiction and therefore the party with the burden of pleading jurisdiction, see id.) shall file an amended complaint properly alleging federal subject matter jurisdiction, or this case will be dismissed without prejudice for lack of federal subject matter jurisdiction. IT IS FURTHER ORDERED that Plaintiff is cautioned that it will be given one opportunity to amend to cure the jurisdictional defects. The Court will not issue additional sua sponte show cause orders to advise Plaintiff how to plead jurisdiction. Therefore, if the amended complaint fails to plead federal subject matter jurisdiction, this case will be dismissed without the Court sua sponte granting Plaintiff any further opportunities to amend.
The Court should not give a party advice because advice undermines the district judge's role as an impartial decision maker. See Pliler v. Ford, 542 U.S. 225, 231 (2004).
IT IS FURTHER ORDERED that the motion for extension of time to answer (Doc. #12) is denied as moot; Defendants shall answer the amended complaint within 14 days of when it is filed.