Wagner v. Digital Publishing Corporation et al
Filing
72
THIRD ORDER RE DIVERSITY JURISDICTION. Signed by Judge Alsup on 7/22/2014. (whalc3, COURT STAFF) (Filed on 7/22/2014)
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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.
THIRD ORDER RE
DIVERSITY JURISDICTION
Defendants.
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/
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After reviewing the submissions by both sides, it is clear that diversity jurisdiction exists
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in this action. Plaintiff’s counsel was reckless in making the claim regarding jurisdiction in the
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second motion for partial summary judgment without the support of “any evidence that
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JunctionLights and YourAdsHere have a physical presence in California . . .” (Br. at 4, Dkt. No.
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70). Plaintiff should be aware that the Court will take this reckless conduct into account for all
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further proceedings in this action, including any future motion for attorney’s fees.
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Given plaintiff’s admission that “JunctionLights and YourAdsHere are not California
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citizens,” his further allegations of inconsistency regarding the creation of the LLCs “do not
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really matter for purposes of this Court’s OSC regarding diversity jurisdiction” (Br. at 3–4, Dkt.
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No. 70). Accordingly, the topic of diversity jurisdiction is at an end, subject to an attorney’s fees
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motion.
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IT IS SO ORDERED.
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Dated: July 22, 2014.
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
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