Farrara v. Comcast Cable Communications Management, LLC

Filing 14

ORDER TO SHOW CAUSE RE: REMAND FOR LACK OF DIVERSITY JURISDICTION. Order to Show Cause Hearing set for 1/15/2016 09:01 AM. Show Cause Response due by 1/4/2016. Plaintiff may file response by 1/8/2016. Signed by Judge Yvonne Gonzalez Rogers on 12/18/15. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 12/18/2015)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 HEIDI FARRARA, Case No. 15-cv-04867-YGR Plaintiff, 8 v. 9 10 United States District Court Northern District of California 11 12 13 14 15 COMCAST CABLE COMMUNICATIONS MANAGEMENT, LLC, ORDER TO SHOW CAUSE RE: REMAND FOR LACK OF DIVERSITY JURISDICTION Defendant. TO DEFENDANT COMCAST CABLE COMMUNICATIONS MANAGEMENT, LLC, AND ITS COUNSEL OF RECORD: YOU ARE HEREBY ORDERED TO SHOW CAUSE in writing by no later than January 4, 2016, as to why this action should not be remanded for lack of jurisdiction. 16 Defendant removed this case from the Superior Court of California, County of Marin on 17 October 22, 2015 based on diversity jurisdiction. (Dkt. No. 1.) On December 7, 2015, the case 18 was reassigned to the undersigned. (Dkt. No. 11.) 19 For proper diversity jurisdiction under 28 U.S.C. § 1332(a), there must be “complete 20 diversity,” i.e., “the citizenship of each plaintiff [must be] diverse from the citizenship of each 21 defendant.” Caterpillar Inc. v. Lewis, 519 U.S. 61, 68 (1996). Here, defendant generally alleges 22 in its notice of removal that the above-captioned matter “is a civil action between citizens of 23 different states” because plaintiff is believed to be a California resident and defendant Comcast 24 Cable Communications Management, LLC is a limited liability company organized under 25 Delaware law with its principal place of business in Pennsylvania. (Dkt. No. 1 ¶¶ 5-7.) However, 26 the notice of removal lacks the requisite allegations as to the citizenship of each member of 27 defendant Comcast Cable Communications Management, LLC. See Johnson v. Columbia 28 Properties Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006) (holding diversity jurisdiction 1 depends on the citizenship of all members of partnerships or limited liability corporations) 2 (emphasis added). 3 Defendant’s filing shall not exceed five (5) pages, exclusive of any attached 4 documentation. Plaintiff may file a response thereto, also not to exceed five (5) pages, by no later 5 than January 8, 2016. The Court hereby SETS a hearing on this Order to Show Cause for 6 January 15, 2016 at 9:01 a.m. 7 IT IS SO ORDERED. 8 Dated: December 18, 2015 9 10 ______________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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