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)

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