Clinger et al v. General Motors Company et al

Filing 21

ORDER, in responding to Plaintiffs' 16 MOTION to Remand remand, in addition to addressing all arguments raised by Plaintiffs, Defendants shall also address the citizenship of all Defendants. Signed by Judge James A Teilborg on 1/13/10. (REW, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Sherri Clinger; et al., Plaintiffs, vs. General Motors Company; et al., Defendants.

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No. CV 09-2592-PHX-JAT ORDER

IT IS ORDERED that in responding to Plaintiffs' motion to remand, in addition to addressing all arguments raised by Plaintiffs, Defendants shall also address the citizenship of all Defendants. Specifically, Defendants did not make any allegations regarding the citizenship of the "unserved" Defendants.1 However, a defendant can not ignore an unserved, nondiverse co-defendant in seeking to remove a case to federal court based on diversity. Cripps v. Life Ins. Co. of N. Amer., 980 F.2d 1261, 1266 n. 4 (9th Cir. 1992) (citing Clarence E. Morris, Inc. v. Vitek, 412 F.2d 1174, 1176 (9th Cir. 1969). Therefore, Defendants must allege the citizenship of all Defendants. DATED this 13th day of January, 2010.

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Plaintiffs may dispute which Defendants have been served.