CW3PR Inc v. Nikki Beach Holdings LLC et al

Filing 12

ORDER by Judge Dale S. Fischer remanding case to Superior Court of California, County of Los Angeles, Case number BC502802. Case Terminated. Made JS-6. Certified copies of remand order and case docket forwarded to state court. (rne)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
MEMORANDUM
JS 6
Case No.
Title

Date

CV 13-2880 DSF (Ex)

5/1/13

CW3PR, Inc. v. Nikki Beach Holdings, LLC, et al.

Present: The
Honorable

DALE S. FISCHER, United States District Judge

Debra Plato
Deputy Clerk

Not Present
Court Reporter

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not Present

Not Present

Proceedings:

(In Chambers) Order REMANDING Case to State Court

This case was previously remanded to state court because the removing defendant
failed to establish that the parties were completely diverse. The matter has been removed
again on the same grounds as before. There have been no intervening changes of fact or
law that would make a second removal proper. See Peabody v. Maud Van Cortland Hill
Schroll Trust, 892 F.2d 772, 776-77 (9th Cir. 1989). Defendant merely better documents
the jurisdictional allegations based on facts that would have been known to it at the time
of the first removal. The second notice of removal is, in essence, a motion for
reconsideration of the Court’s prior remand. The Court has no jurisdiction to consider
such a motion. Seedman v. U.S. Dist. Ct., 837 F.2d 413 (9th Cir. 1988).
The case is REMANDED to the Superior Court of California, County of Los
Angeles.
IT IS SO ORDERED.

CV-90 (12/02)

MEMORANDUM

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