Anne Holland Ventures, Inc. v. Kirsch et al

Filing 19

ORDER GRANTING PLAINTIFF'S MOTION TO REMAND. Signed by Judge Richard Seeborg on 6/1/12. (cl, COURT STAFF) (Filed on 6/1/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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ANNE HOLLAND VENTURES, INC.,

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Plaintiff,

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For the Northern District of California

United States District Court

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No. C 12-02454 RS
ORDER GRANTING PLAINTIFF’S
MOTION TO REMAND

v.
DEBORAH BETH KIRSCH, ET AL.,
Defendants.
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Plaintiff, a Rhode Island citizen, filed this action in Santa Clara Superior Court asserting
claims for breach of contract and common counts against a number of California citizens.
Defendant Deborah Beth Kirsch removed the case, contending that federal jurisdiction exists on the
basis of diversity of citizenship. Plaintiff now moves to remand pursuant to the “no local defendant
rule” set forth in 28 U.S.C. § 1441(b). This rule precludes removal based on diversity jurisdiction
where any defendant is a citizen of the state in which the action was brought. 28 U.S.C. § 1441(b);
Spencer v. U.S. Dist. Ct. N.D. Cal. (Altec Indus., Inc.), 393 F.3d 867, 870 (9th Cir. 2004)
(“[Diversity actions] shall be removable only if none of the parties in interest properly joined and
served as defendants is a citizen of the State in which such action is brought.”). Here, Kirsch’s
notice of removal acknowledges that she is a California citizen. See Dkt. No. 1 at 2 (“All
Defendants are citizens of California.”). Accordingly, plaintiff’s motion to remand is granted.

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IT IS SO ORDERED.

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Dated: 6/1/12
RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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NO. C
ORDER