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Jurisdiction and Venue

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ossean

Junior Member
What is the name of your state? Nevada

I am a resident of Nevada. The Corporation which are three of the same. One is a resident in Nevada the other two are foreign states which is California. Their agents and officers are in Nevada. Their activity is conducted in Nevada. Would this Order to show cause be sufficient enough for the District Court ( Federal)

RESPONSE TO ORDER TO SHOW CAUSE

JURISDICTION AND VENUE

1. This Court has jurisdiction over this action pursuant to (28 U.S.C. §§ 1331) [federal question

jurisdiction] and 1343(3) and (4) [jurisdiction over actions for violations of constitutional and

federal rights secured by Title 42 and the Civil Rights Act of 1968, U.S.C. § 1983], and over

Plaintiffs’ declaratory relief action under 28 U.S.C. §§ 2201 and 2202.

2.. This Court also has supplemental jurisdiction over Plaintiff’s pendent state constitutional and

statutory law claims under 28 U.S.C. § 1367.

3. Plaintiff is an individual residing in this judicial district and is a citizen of the State of Nevada.

4. Defendants are either municipalities or agents and officers of municipalities located in this

judicial district.

5. Plaintiff’s claims arise out of Defendants’ activities in this judicial district.

6. Venue is proper in this district under 28 U.S.C. § 1391(b).
 


Taxing Matters

Overtaxed Member
I'm sorry but there is a lot missing to understand what is happening here. What corporation is involved here? The defendants are municipalities or their employees. Is the corporation the plaintiff in this action? And what does “which are three of the same” mean? Do you mean that there three officers of the corporation, one in Nevada (you?) and two others in California? Or something else?

The snippet of the response to the order to show cause simply deals with jurisdiction and venue. Has the defendant contested the jurisdiction and/or venue allegations in the plaintiff's complaint? If not, is either jurisdiction or venue a concern here?

Without knowing the causes of action involved and reading the pleadings and other papers filed with the court, I cannot comment on whether the court has jurisdiction or whether the venue is correct. There is just not enough here to really address that.
 

ossean

Junior Member
Three of the same is 3 different names of the corporation but all are the same company and same agents and officers. I am the plaintiff. I thought I put that down . The cause of action is violation of the civil rights act 1968 retaliation due to complaining of conditions in dwelling which resulted in violations. You dont have to read the case to determine it jurisdiction. Jurisdiction is dealing with the corporations and their diversity as I explained . What I am trying o do is show cause that my case is right to be filed in federal court. That the defendants despite the diversity is applicable to be sued in feral court.
 

Taxing Matters

Overtaxed Member
Three of the same is 3 different names of the corporation but all are the same company and same agents and officers. I am the plaintiff. I thought I put that down . The cause of action is violation of the civil rights act 1968 retaliation due to complaining of conditions in dwelling which resulted in violations. You dont have to read the case to determine it jurisdiction. Jurisdiction is dealing with the corporations and their diversity as I explained . What I am trying o do is show cause that my case is right to be filed in federal court. That the defendants despite the diversity is applicable to be sued in feral court.
I'm not clear what the “show cause” is about and suspect you may not be using that term correctly. As the plaintiff in a civil suit there are several things you must lay out in the complaint you file to start the lawsuit. Among those are stating the court's subject matter jurisdiction and the personal jurisdiction over the plaintiffs. You'd also make a statement supporting venue. Each of these things are distinct, but none of those statements in the complaint is called “show cause.”

Subject matter jurisdiction is refers to the power of the court to hear the type of claim at issue in the lawsuit. A federal district court has subject matter jurisdiction to hear cases based on federal constitutional claims and federal statute violations, among other things, except to the extent that jurisdiction for those things has been given to some other federal court. So the court would be able to hear claims of violations of the civil rights act of 1968. The details of your allegations in the complaint would matter as to whether you made out a good complaint for that and thus whether the subject matter jurisdiction was properly stated. The court may also hear related state law claims, but again examination of the facts alleged in the complaint would be needed to see if those claims are properly joined with the federal causes of action. The claims you have stated have nothing to do with diversity jurisdiction.

Personal jurisdiction is the power of the court over the parties in the case. Your post on the defendants is still a bit confusing as you say the defendants are three different corporations but with the same officers and agents, two of the corporations are organized in California and one is organized in California. You also state that this has to do with conditions in a dwelling. That would suggest to me that you are suing private businesses. But in the statement you quoted in the original post, you allege all defendants are municipalities (which would mean cities and counties). The details of these entities and the allegations in the complaint will matter here for personal jurisdiction and venue.

This is not quite as simple as I think you would wish it to be. It is not possible to determine if your statements for jurisdiction are adequate without at least reading the entire complaint and knowing the details of the claims you wish to bring. Suing in federal court can get complex, especially if you are suing government entities. You may want to have the complaint reviewed by a lawyer who litigates in federal district court to ensure everything is right even if you don't want to hire an attorney to litigate this for you (and you should consider getting a lawyer to represent you since in general violations of the civil rights acts will allow you to get awarded attorney's fees if you win).
 

Just Blue

Senior Member
I disagree the judge only read the jurisdiction and venue and determine that I need to show cause as to why the case should be heard in federal court considering the companies and their diversity. The companies are foreign states California. I have to explain why the district federal court should hear the case. I wrote on this site my plea and ask if it was proper
Please be aware that Taking Matter is an attorney. ;)
 

justalayman

Senior Member
Sometimes you just have to break out the wallet and pay an attorney who can review things for you and advise you. Some things are to complex to be dealt with on an Internet forum.
 

ossean

Junior Member
I will try to explain it ( the case) as best I can. Its a landlord tenant case where I am the plaintiff. ( I complained of conditions in my dwelling. I complained to code enforcement ) However before I complained to code enforcement I went to inform the management company of the conditions in my dwelling. I ak that the agent accompany myself back to my unit that she may see and understand what I was complaining about. The agent did so and she took pictures. 4 days after I received a 5 day pay or quit posted on my door. I was not and am never late on my rent. Within the 5 days I went and filed my answer in court a lot with rent receipts for the day in question.. Code Enforce did cite and found violations. Since then I have been harassed. I have written letters to corporate asking that the letter remain confidential to cease the retaliation and harassment and on all three occasions the letters were placed in to the hands of the harasser . The harasser left a voice mail for me informing me that she was in receipt of the email. ( not sure if they are thinking properly) However it is ongoing and I just recently filed against the companies in district court. In my jurisdiction I failed to state federal laws which would be proper for the district court to hear such as the civil rights act 1968. I put Nevada state laws and that is what she is talking about. The judge sent me a letter saying that it was and ORDER TO SHOW CAUSE for the jurisdiction and venue. Why the case should be heard in district court and not dismissed and sent to state court. I hope this helps
 

ossean

Junior Member
Sometimes you just have to break out the wallet and pay an attorney who can review things for you and advise you. Some things are to complex to be dealt with on an Internet forum.
I dont need to pay an attorney 150 an hour to tell me if I have a case. Apparently I have one . I did it my self. However down the road I will hire one for litigation but in the meantime the process is great just learning
 

justalayman

Senior Member
Well, what you’ve shown here does prove you need an attorney. You need to be cautious about making a mess of things and thinking you’re going to hire an attorney to try to salvage your case, if you even have one. A lot of attorneys won’t want to play custodian and try to clean up a mess you made. I’m not trying to put you down but merely suggesting that if you’re stumbling already you really do need an attorney.

As to doing something that proves you have a case: you’re not that far into the process to be certain of that. So far the court is denying your complaint. After that, if your complaint is accepted, the defendant gets a shot at dismissing the case either due to jurisdictional or venue issues or if they believe there is no valid cause of action.

Did you miss taxing matters statement that depending on the cause of action you may be entitled to attorney’s fees if you prevail.
 

ossean

Junior Member
Well, what you’ve shown here does prove you need an attorney. You need to be cautious about making a mess of things and thinking you’re going to hire an attorney to try to salvage your case, if you even have one. A lot of attorneys won’t want to play custodian and try to clean up a mess you made. I’m not trying to put you down but merely suggesting that if you’re stumbling already you really do need an attorney.

As to doing something that proves you have a case: you’re not that far into the process to be certain of that. So far the court is denying your complaint. After that, if your complaint is accepted, the defendant gets a shot at dismissing the case either due to jurisdictional or venue issues or if they believe there is no valid cause of action.

Did you miss taxing matters statement that depending on the cause of action you may be entitled to attorney’s fees if you prevail.
There is no mess ....
 

ossean

Junior Member
The court has not denied anything. What are you talking about ? I ask a simple question regarding jurisdiction . Your right the only mess being made is that of some people on this board who refuse to read
 

justalayman

Senior Member
The court has not denied anything. What are you talking about ? I ask a simple question regarding jurisdiction . Your right the only mess being made is that of some people on this board who refuse to read
Well, they may not have denied anything yet but that is a matter of semantics as it appears the court will not accept your filing as written. That means they have rejected it but are allowing you to amend your filing so it might be accepted.
 

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