Wagner v. Digital Publishing Corporation et al

Filing 37

NOTICE RE ACCELERIZE NEW MEDIA, INC. Signed by Judge Alsup on 1/21/2014. (whalc3, COURT STAFF) (Filed on 1/21/2014)

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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,

No. C 13-04952 WHA

v.
DIGITAL PUBLISHING
CORPORATION, et al.

NOTICE RE ACCELERIZE NEW
MEDIA, INC.

Defendants.
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Immediately after our case management conference on January 21, the undersigned judge

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became concerned that defendant Accelerize New Media, Inc., which is a California citizen for

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diversity purposes, destroys complete diversity in this action. If both parties wish to remain in

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federal court, it would seem that Accelerize ought to be dismissed from the action (without

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prejudice) to preserve diversity jurisdiction. If Accelerize is not dismissed, this action will have

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to be remanded for lack for federal subject-matter jurisdiction.

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The Court apologizes for not addressing this issue during the hearing. Both parties shall

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submit a response to this problem, by JANUARY 29, 2014, AT NOON. The judge caught

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plaintiff’s counsel, Daniel Balsam, in the hallway, had a brief conversation about this problem,

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and asked him to repeat the conversation to defense counsel.

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Dated: January 21, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE