Foster v. Airbnb, Inc.

Background

Self-represented plaintiff Travis Foster filed a complaint and an application to proceed in forma pauperis, meaning an application to proceed without paying the usual filing costs. Foster alleges that he rented a property through Airbnb, Inc.'s platform and that Airbnb agreed to refund him $2,633.66 but failed to do so. Foster lists his address as Detroit, Michigan, and Airbnb's address as San Francisco, California. He states that the case belongs in federal court under federal-question jurisdiction but does not identify a federal law or statute supporting the claim. He also asks to have the case assigned to the court's "Small Claims" division.

Jurisdiction concerns

The court explained that federal-question jurisdiction generally requires the complaint to arise under the Constitution, federal laws, or treaties. Foster's complaint appears to assert a contract claim, which generally involves state law, and he does not plead a federal question. The court also explained that diversity jurisdiction requires complete diversity between the parties and an amount in controversy exceeding $75,000, excluding interest and costs. Although the court stated that there may be complete diversity, Foster's claimed amount is less than $75,000. The court further noted that small-claims court is part of the state court system, not the federal court system.

Order

The court issued an order to show cause concerning subject matter jurisdiction. It ordered Foster to respond in writing by June 2, 2025, explaining why the action may be brought in federal court. The court did not dismiss the case in this order. Instead, it stated that if Foster does not respond, or if his response fails to establish a basis for federal jurisdiction, the court will prepare a report and recommendation asking a district judge to dismiss the case without prejudice to Foster bringing the complaint in state court. The scheduled June 4, 2025 Case Management Conference was vacated and will be reset if appropriate.