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)

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