Jamil Salazar v. Best Buy Stores, LP et al

Filing 17

MEMORANDUM (IN CHAMBERS) ORDER by Judge Dale S. Fischer DENYING Plaintiff's Motion to Remand 14 . Refer to the Court's order for details. (pso)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
MEMORANDUM

Case No.
Title

Date

CV 15-609 DSF (AJWx)

3/17/15

Jamil Salazar v. Best Buy Co, Inc., 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 DENYING Plaintiff’s Motion to Remand
(Docket No. 14)

Plaintiff Jamil Salazar moves to remand this action and seeks fees under 28 U.S.C.
§ 1447(c). The Court deems this matter appropriate for decision without oral argument.
See Fed. R. Civ. P. 78; Local Rule 7-15. The hearing set for March 30, 2015 is removed
from the Court’s calendar.
Salazar argues that this action was improperly removed because certain Doe
Defendants will ultimately be identified as California citizens, thereby destroying
diversity. Salazar is wrong. The removal statute expressly commands that “the
citizenship of defendants sued under fictitious names shall be disregarded.” 28 U.S.C.
§ 1441(a); see also Newcombe v. Adolf Coors Co., 157 F.3d 686, 690 (9th Cir. 1998).
The possible California citizenship of Salazar’s Doe Defendants does not render
Defendant’s removal improper.
The Court DENIES Salazar’s motion to remand. His request for fees is also
denied. Indeed, it would be more appropriate for the Court to sanction Salazar’s counsel
for failing to cite controlling Ninth Circuit precedent.
The Court also notes that the caption on Plaintiff’s briefs has erroneously been
changed to reflect Defendant’s true name. The Court has not ordered that the caption be
changed.

CV-90 (12/02)

MEMORANDUM

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
MEMORANDUM
IT IS SO ORDERED.

CV-90 (12/02)

MEMORANDUM

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