Evans v. Costco Wholesale Corporation

Filing 28

ORDER GRANTING PLAINTIFF'S UNOPPOSED MOTION TO AMEND COMPLAINT 26 . (Illston, Susan) (Filed on 8/6/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GAYE EVANS,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 18-cv-00960-SI

v.
COSTCO WHOLESALE CORPORATION,
Defendant.

ORDER GRANTING PLAINTIFF'S
UNOPPOSED MOTION TO AMEND
COMPLAINT
Re: Dkt. No. 26

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Plaintiff has filed an administrative motion to amend the complaint to add a defendant.

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Dkt. No. 26. Defendant Costco Wholesale Corporation (“Costco”) has filed a notice of non-

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opposition. Dkt. No. 27. The Court GRANTS the motion for leave to amend the complaint.

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The Court notes, however, that adding proposed defendant Avery Lim may destroy

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diversity jurisdiction. Plaintiff initially filed this case in Contra Costa County Superior Court, and

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Costco removed the case to this Court on the basis of diversity jurisdiction. Dkt. No. 1. The

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proposed amended complaint that plaintiff attaches to her administrative motion alleges that

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plaintiff and Mr. Lim are both citizens of California. See Dkt. No. 26-1, Coll Decl., Ex. B ¶¶ 1, 3.

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The parties shall be prepared to address this issue at the upcoming status conference, set for

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August 17, 2018, and in the joint case management statement, due to the Court one week prior to

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the status conference.

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IT IS SO ORDERED.
Dated: August 6, 2018
______________________________________
SUSAN ILLSTON
United States District Judge