Boahua Zheng v. Rex Spirit Inc et al
Filing
10
(IN CHAMBERS) ORDER TO SHOW CAUSE RE: REMAND by Judge Fernando M. Olguin. Response to Order to Show Cause due by 5/9/2013. (vdr)
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.
CV 13-02398 FMO (VBKx)
Title
Boahua Zheng v. Rex Spirits, Inc. et al.
Present: The Honorable
Date
April 29, 2013
Fernando M. Olguin, United States District Judge
Vanessa Figueroa
None
Deputy Clerk
Court Reporter / Recorder
Tape No.
Attorney Present for Plaintiff(s):
Attorney Present for Defendant(s):
None Present
None Present
Proceedings:
(In Chambers) Order to Show Cause Re: Remand
On April 4, 2013, this action was removed to this court pursuant to 28 U.S.C. § 1441.
However, the jurisdictional allegations appear to be defective. Specifically, defendants fail to offer
adequate facts to support the assertion that the principal place of business stated in the complaint
is defendant’s principal place of business. For diversity purposes, the principal place of business
is “the place where a corporation’s officers direct, control, and coordinate the corporation’s
activities.” Hertz Corp. v. Friend, 559 U.S. 77, 130 S.Ct. 1181, 1192 (2010); see Harris v. Rand,
682 F.3d 846, 851 (9th Cir. 2012) (if allegations of a corporation’s principal place of business are
implausible or the court has doubts about whether diversity exists, it may request additional
allegations of the principal place of business). Accordingly, IT IS ORDERED that:
1. No later than May 9, 2013, defendants shall show cause in writing why this action should
not be remanded for the reasons noted above. This deadline shall not extend the time for
responding to any motion for remand filed by plaintiff. Plaintiff may submit a response in the same
time period. If plaintiff wish to move for remand based on this procedural defect, plaintiff must file
a regularly noticed motion for remand no later than May 6, 2013. See 28 U.S.C. § 1447(c) (“A
motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction
must be made within 30 days after the filing of the notice of removal”).
2. A copy of all papers filed with the court shall be delivered to the drop box outside
chambers at Suite 520, Spring Street Courthouse, 312 North Spring Street, no later than 12:00
noon the following business day. All chambers copies shall comply fully with the document
formatting requirements of Local Rule 11-3, including the “backing” requirements of Local Rule
11-3.5. Counsel may be subject to sanctions for failure to deliver a mandatory chambers copy in
full compliance with this Order and Local Rule 11-3.
00
Initials of Preparer
CV-90 (06/04)
CIVIL MINUTES - GENERAL
:
00
vdr
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