Bao Chen v. Kellwood Company, LLC et al

Filing 13

MINUTES (IN CHAMBERS) ORDER REMANDING CASE FOR LACK OF SUBJECT MATTER JURISDICTION by Judge Beverly Reid O'Connell: The Notice of Removal failed to adequately allege Kellwood's citizenship. As a result, the Court issued an order to show cau se as to why this case should not be remanded for lack of subject matter jurisdiction 11 . Kellwood timely responded to the order 12 . Kellwood's response indicates its intent to withdraw the petition for removal and consent to this matter's remand. Accordingly, the Court REMANDS this case to the Superior Court of California, County of Los Angeles, Case Number BC559192. ( Case Terminated. Made JS-6 ) Court Reporter: Not Present. (gk)

JS-6
LINK:
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No.

CV 14–09953 BRO (RZx)

Title

BAO CHEN V. KELLWOOD COMPANY, LLC ET AL.

Date

February 17, 2015

Present: The
Honorable

BEVERLY REID O’CONNELL, United States District
Judge

Renee A. Fisher

Not Present

N/A

Deputy Clerk

Court Reporter

Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not Present

Not Present

Proceedings:

(IN CHAMBERS)

ORDER REMANDING CASE FOR LACK OF SUBJECT MATTER
JURISDICTION
Plaintiff Bao Chen (“Plaintiff”) initiated this action on September 30, 2014 in the
Superior Court of California, County of Los Angeles. (Dkt. No. 1 at Ex. A.) Plaintiff
filed a First Amended Complaint on November 14, 2014. (Id. at Ex. B.) The First
Amended Complaint names Kellwood Company, LLC (“Kellwood”) and Sun Capital
Partners, Inc. (“Sun Capital”) as defendants in this matter. On December 31, 2014,
Kellwood removed the matter to this Court, invoking the Court’s diversity jurisdiction.
(See Removal.) Plaintiff voluntarily dismissed Sun Capital before removal. (Id. ¶ 16.)
The Notice of Removal failed to adequately allege Kellwood’s citizenship. As a
result, the Court issued an order to show cause as to why this case should not be
remanded for lack of subject matter jurisdiction. (Dkt. No. 11.) Kellwood timely
responded to the order. (Dkt. No. 12.) Kellwood’s response indicates its intent to
withdraw the petition for removal and consent to this matter’s remand. Accordingly, the
Court REMANDS this case to the Superior Court of California, County of Los Angeles.
:

IT IS SO ORDERED.
Initials of
Preparer

rf

CV-90 (06/04)

CIVIL MINUTES – GENERAL

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