Shackelford v. Shields et al

Filing 5

ORDER signed by Judge Frank C. Damrell, Jr on 10/29/10 REMANDING CASE to Sacramento Superior Court. Copy of remand order sent to other court. CASE CLOSED. (Owen, K)

Shackelford v. Shields et al

Doc. 5

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. DONALD L. SHIELDS; MARTEN TRANSPORT, LTD., a Delaware corporation, and DOES 1-100, inclusive, Defendant. ----oo0oo---The court has reviewed defendants' notice of removal to the United States District Court for the Eastern District of California under 28 U.S.C. §§ 1441(b) based on diversity jurisdiction. It is well established that the basic requirement MICHELLE SHACKELFORD, Plaintiff, UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ----oo0oo----

NO. 2:10-cv-2894 FCD KJN ORDER

of diversity cases is that all plaintiffs must be of different citizenship than all defendants. 267 (1806). Strawbridge v. Curtiss, 7 U.S.

In their Notice of Removal, defendants assert that,

on information and belief, plaintiff is a citizen of California. Defendants also assert that defendant Donald L. Shields is a

Dockets.Justia.com

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citizen of California.

Accordingly, based upon defendants' own

representations, there is not complete diversity between the parties. Therefore, this action is improperly before this court.

Accordingly, the court REMANDS this action back to the Superior Court of California, County of Sacramento. IT IS SO ORDERED. DATED: October 29, 2010

FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE

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