3 Star Management Inc. et al v BP West Coast Products LLC et al

Filing 32

MINUTES (IN CHAMBERS) by Judge Dean D. Pregerson: Defendant concedes that its Notice of Removal misstates Defendant's own citizenship. Although Defendant argues that Plaintiffs do not dispute that the parties are diverse, it is Defendant's burden to show that removal is proper. Gaus v. Miles, 980 F.2d 564, 566 (9th Cir. 1992). Any ambiguities must be resolved in favor of remand. Id. Even if Defendant were to amend the Notice of Remand to state Defendant's Maryland citizenship, and even putting aside Defendant's inconsistent assertions of citizenship in other, related cases, Defendant points to no evidence establishing that no Plaintiff is a citizen of Maryland. Accordingly, Defendant's Motion for Leave to Amend 16 is DENIED and Plaintiffs' Motion to Remand 14 is GRANTED. Case Remanded to Los Angeles Superior Court, case no. BC 534127. MD JS-6. Case Terminated. (lc)

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

CV 15-00115 DDP (PLAx)

Date

June 16, 2015

3 STAR MANAGEMENT INC., et al. -V- BP WEST COAST PRODUCTS LLC, et al.

Present: The
Honorable

DEAN D. PREGERSON, U.S. DISTRICT JUDGE

John A. Chambers

None Present

N/A

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

None Present

None Present

Proceedings:

MINUTE ORDER (IN CHAMBERS)

Defendant concedes that its Notice of Removal misstates Defendant's own
citizenship. Although Defendant argues that Plaintiffs do not dispute that the
parties are diverse, it is Defendant's burden to show that removal is proper.
Gaus v. Miles, 980 F.2d 564, 566 (9th Cir. 1992). Any ambiguities must be
resolved in favor of remand. Id. Even if Defendant were to amend the Notice of
Remand to state Defendant's Maryland citizenship, and even putting aside
Defendant's inconsistent assertions of citizenship in other, related cases,
Defendant points to no evidence establishing that no Plaintiff is a citizen of
Maryland. Accordingly, Defendant's Motion for Leave to Amend (Dkt. 16) is
DENIED and Plaintiffs' Motion to Remand (Dkt. 14) is GRANTED.

:
Initials of Preparer

CV-90 (12/02)

CIVIL MINUTES - GENERAL

N/A

JAC

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