Opinion
CV-23-00416-PHX-JAT
05-12-2023
Uber Technologies Incorporated, Plaintiff, v. Sir Lawrence Davis, Defendant.
ORDER
James A. Teilborg Senior United States District Judge
The petition pending before this Court alleges jurisdiction based on 28 U.S.C. § 1331. However, the only federal statute referenced is 9 U.S.C. § 9, which is the Federal Arbitration Act (“FAA”). “[T]he FAA does not itself confer jurisdiction on federal district courts over actions to compel arbitration or to confirm or vacate arbitration awards [citations omitted], nor does it create a federal cause of action giving rise to federal question jurisdiction under 28 U.S.C. § 1331.” United States v. Park Place Assocs., Ltd., 563 F.3d 907, 918 (9th Cir. 2009). Thus, the FAA cannot create federal question jurisdiction.
Accordingly,
IT IS ORDERED that within 7 days of the date of this Order, Plaintiff must file a supplement to the petition alleging a basis for federal subject matter jurisdiction, or this case will be dismissed, without prejudice.