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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1 2 IN THE UNITED STATES DISTRICT COURT 3 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 6 7 CHRISTOPHER WAGNER, 8 9 11 For the Northern District of California United States District Court 10 Plaintiff, No. C 13-04952 WHA v. DIGITAL PUBLISHING CORPORATION, et al. THIRD ORDER RE DIVERSITY JURISDICTION Defendants. 12 / 13 14 After reviewing the submissions by both sides, it is clear that diversity jurisdiction exists 15 in this action. Plaintiff’s counsel was reckless in making the claim regarding jurisdiction in the 16 second motion for partial summary judgment without the support of “any evidence that 17 JunctionLights and YourAdsHere have a physical presence in California . . .” (Br. at 4, Dkt. No. 18 70). Plaintiff should be aware that the Court will take this reckless conduct into account for all 19 further proceedings in this action, including any future motion for attorney’s fees. 20 Given plaintiff’s admission that “JunctionLights and YourAdsHere are not California 21 citizens,” his further allegations of inconsistency regarding the creation of the LLCs “do not 22 really matter for purposes of this Court’s OSC regarding diversity jurisdiction” (Br. at 3–4, Dkt. 23 No. 70). Accordingly, the topic of diversity jurisdiction is at an end, subject to an attorney’s fees 24 motion. 25 IT IS SO ORDERED. 26 27 28 Dated: July 22, 2014. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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