Manzanares v. Compass Group USA, Inc. et al

Filing 11

ORDER TO SHOW CAUSE. Signed by Judge Hamilton on 9/29/2011. (pjhlc1, COURT STAFF) (Filed on 9/29/2011)

1
2
3

UNITED STATES DISTRICT COURT

4

NORTHERN DISTRICT OF CALIFORNIA

5
6
7

ANA MANZANARES,

8

Plaintiff,

9

v.

ORDER TO SHOW CAUSE

COMPASS GROUP USA, INC., et al.,

11
For the Northern District of California

United States District Court

10

No. C 11-4389 PJH

Defendants.
_______________________________/

12
13

TO DEFENDANTS COMPASS GROUP USA, INC, AND KAREN DOO:

14

YOU ARE HEREBY ORDERED TO SHOW CAUSE IN WRITING why the above-

15

entitled action should not be remanded to the Superior Court of California, County of San

16

Francisco.

17

Defendants removed this case on September 2, 2011, alleging diversity jurisdiction.

18

Plaintiff Ana Manzanares a citizen of California; defendant Compass Group USA, Inc., is a

19

citizen of both Delaware and North Carolina; and defendant Karen Doo (“Doo”) is a citizen

20

of California. Thus, on the face of the complaint, there is no complete diversity, and the

21

court lacks subject matter jurisdiction.

22

Defendants assert, however, that Doo is a sham defendant, who was fraudulently

23

joined. Defendants contend that the complaint fails to state a claim against Doo, as the

24

sole cause of action alleged against her – intentional infliction of emotional distress – is

25

inadequately pled. That is, defendants assert that plaintiff has failed to allege sufficient

26

facts to state a claim.

27

Whether a claim is or is not supported by sufficient facts cannot be determined in a

28

notice of removal. Such a determination requires full briefing in a Rule 12(b)(6) motion to

1

dismiss. However, based on the allegations in the complaint, the court would be inclined to

2

find that plaintiff has adequately stated a claim against Doo.

3
4

Accordingly, defendants shall submit a written statement, no later than October 13,
2011, explaining why the court should not remand this case.

5
6

IT IS SO ORDERED.

7

Dated: September 29, 2011
______________________________
PHYLLIS J. HAMILTON
United States District Judge

8
9

11
For the Northern District of California

United States District Court

10

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2