Gail Hodes et al v. Van's International Foods et al

Filing 96

JUDGMENT by Judge R. Gary Klausner: On September 9, 2009, the Court issued an Order to Show Cause re Lack of Jurisdiction. In light of its Order Denying Class Certification, the Court ordered Defendants to respond in writing why the action should not be dismissed for lack of subject matter jurisdiction. Upon review of the facts, the Court found dismissal proper based lack of complete diversity. Therefore, on September 30, 2009, the Courtdismissed the action in its entirety for lack of subject matter jurisdiction. IT IS SO ORDERED. (yl)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /// /// /// ) ) Plaintiffs, ) ) v. ) ) VAN'S INTERNATIONAL FOODS, et al., ) ) Defendants. ) ___________________________________ ) GAIL HODES, et al.,

CLOSED

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Case No. CV 09-01530-RGK (FFMx)

JUDGMENT

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On September 9, 2009, the Court issued an Order to Show Cause re Lack of Jurisdiction. In light of its Order Denying Class Certification, the Court ordered Defendants to respond in writing why the action should not be dismissed for lack of subject matter jurisdiction. Plaintiffs were also given an opportunity to respond within the same time period. Both Defendants and Plaintiffs timely responded on September 22, 2009. The Court fully considered the arguments raised by both parties in favor of the Court's retaining jurisdiction. Upon review of the facts, the Court found dismissal proper based lack of complete diversity. Therefore, on September 30, 2009, the Court dismissed the action in its entirety for lack of subject matter jurisdiction.

IT IS SO ORDERED.

DATE: October 16, 2009

____________________________ R. GARY KLAUSNER UNITED STATES DISTRICT JUDGE

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