Wagner v. Digital Publishing Corporation et al

Filing 27

ORDER RE LIMITED JURISDICTIONAL DISCOVERY. Signed by Judge Alsup on 12/12/2013. (whalc3, COURT STAFF) (Filed on 12/12/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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CHRISTOPHER WAGNER,

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For the Northern District of California

United States District Court

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Plaintiff,
v.
SPIRE VISION, et al.,

ORDER RE LIMITED
JURISDICTIONAL DISCOVERY

Defendanta.
/

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No. C 13-04952 WHA

In this state-law action that was removed on the basis of diversity, defendants claim that

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Accelerize New Media, Inc., which is a California citizen for diversity purposes, was

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fraudulently joined.

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During oral argument, plaintiff Christopher Wagner asserted that Judge Yvonne Gonzales

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Rogers found no fraudulent joinder when defendants improperly removed this action from state

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court on January 4, 2013. Wagner v. Spire Vision, et al., No. 13-54. While plaintiff did not raise

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this argument in any of his moving papers, this Court will take that fact into consideration.

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A trial court may allow discovery to aid in determining whether it has jurisdiction over

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an action. Wells Fargo & Co. v. Wells Fargo Exp. Co., 556 F.2d 406, 430 n.24 (9th Cir. 1977).

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Therefore, it is HEREBY ORDERED that both parties will have 62 days to conduct jurisdictional

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discovery to determine whether Accelerize is properly joined. Defendants must cooperate with

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plaintiff’s discovery inquiries. Both parties are warned that any proof of bad faith by either party

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may result in attorney’s fees awards.

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After the discovery period has lapsed, plaintiff and defendants shall each file a ten-page

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brief, along with any supporting documentation, by FEBRUARY 20, 2014, AT NOON, on whether

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Accelerize is a properly-joined defendant. The hearing on plaintiff’s motion for partial summary

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judgment is hereby VACATED. Plaintiff may re-notice his motion if this action is ultimately not

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remanded back to state court.

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IT IS SO ORDERED.

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Dated: December 12, 2013.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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