Foster v. Airbnb, Inc.

Summary

The court ordered the self-represented plaintiff to show cause why his action against Airbnb should not be dismissed for lack of federal subject matter jurisdiction. The court concluded that the claim appears to arise under state contract law, does not present a federal question, and seeks less than the amount required for diversity jurisdiction.

Holdings

1. The complaint does not presently establish federal-question jurisdiction because it asserts a state-law contract claim and does not identify a federal constitutional provision, law, or treaty supporting the claim.
2. The complaint does not presently establish diversity jurisdiction because the amount in controversy is less than $75,000, even though the parties may be completely diverse.

Questions Presented

1. Whether the complaint adequately establishes federal-question jurisdiction under 28 U.S.C. § 1331.
2. Whether diversity jurisdiction is available when the amount in controversy is $2,633.66, below the statutory threshold in 28 U.S.C. § 1332.
3. Whether plaintiff should be required to show cause why the action should not be dismissed without prejudice for lack of subject matter jurisdiction.

Disposition

other