Bill Haviland v. Alcatel-Lucent USA Inc et al

Filing 19

ORDER REMANDING Case to State Court by Judge Dale S. Fischer. Made JS-6(SEE MEMORANDUM FOR SPECIFICS) (bp)

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

Date

CV 16-9503 DSF (SKx)

1/12/17

Bill Haviland v. Alcatel-Lucent USA, 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 REMANDING Case to State Court

This case was removed on the basis of diversity jurisdiction. It is undisputed that
Defendants Nokia USA, Inc. and Pacific Bell Telephone Company are not diverse from
Plaintiff. The removing defendants claim that Nokia and Pacific Bell are fraudulently
joined because they are not successors in interest to the entities that Plaintiff identifies.
Pacific Bell is additionally alleged to be fraudulently joined because Plaintiff is limited to
the worker’s compensation system for compensation from harms caused by his employer
while he was on the job. Defendants have not demonstrated that Nokia is fraudulently
joined. The argument for fraudulent joinder is entirely premised on factually and legally
conclusory assertions from a paralegal. Notice of Removal, Ex. A. The basis for these
assertions is “personal knowledge,” “discussions with other Nokia USA Inc. personnel
with such knowledge,” and a review of unspecified “corporate and business records.”
This is insufficient to overcome the general presumption that the allegations in the
complaint should be taken as true.
The case is REMANDED to the Superior Court of California, County of Los
Angeles. The Court expresses no opinion whether Pacific Bell Telephone Company was
fraudulently joined.
IT IS SO ORDERED.

CV-90 (12/02)

MEMORANDUM

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