Exact Property & Casualty Company v. Broan-NuTone, LLC

Filing 11

ORDER TO SHOW CAUSE RE JURISDICTION. Signed by Judge Jeffrey S. White on 1/2/18. Show Cause Response due by 1/19/2018.(jjoS, COURT STAFF) (Filed on 1/2/2018)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7
8

EXACT PROPERTY & CASUALTY
COMPANY,
Plaintiff,

9
v.

ORDER TO SHOW CAUSE RE
JURISDICTION
Re: Dkt. No. 1

10
11

Case No. 17-cv-06770-JSW

BROAN-NUTONE, LLC,

United States District Court
Northern District of California

Defendant.
12
13

On November 24, 2017, Defendant removed this action from Alameda County Superior

14

Court and asserts that the Court has diversity jurisdiction over the action. Defendant alleges that

15

its sole member is Nortek, Inc. a Delaware corporation with a principal place of business in Rhode

16

Island. (Notice of Removal, ¶ 8.) Defendant alleges that Plaintiff is a resident of Oregon.

17

According to the complaint, Plaintiff is “a corporation licensed and properly doing business in

18

Oregon.” (Compl. ¶ 1.)

19

As Defendant notes in its Notice of Removal, “[a] corporation shall be deemed to be a

20

citizen of every State and foreign state by which it has been incorporated and of the State or

21

foreign state where it has its principal place of business[.]” 28 U.S.C. § 1332(c)(1).

22

A corporation’s principal place of business is determined by the “‘nerve center’” test. Harris v.

23

Rand, 682 F.3d 846, 851 (9th Cir. 2012) (quoting Hertz Corp. v. Friend, 559 U.S. 77 (2010)).

24

Thus, for purposes of diversity jurisdiction, “a corporation’s principal place of business ‘refer[s] to

25

the place where a corporation’s officers direct, control, and coordinate the corporation’s

26

activities.’” Id. (quoting Hertz, 559 U.S. at 92-93). This will usually be “‘the place where the

27

corporation maintains its headquarters -- provided that the headquarters is the actual center of

28

direction, control, and coordination[.]’” Id. (quoting Hertz, 559 U.S. at 93).

1

dant
s
s
hat
t
with
Defend has not supported its assertion th Plaintiff is a resident of Oregon w

2

suf
fficient infor
rmation, and the allegatio in Plaint
d
ons
tiff’s compla do not c
aint
clearly show it is

3

inc
corporated in or has a pri
n
incipal place of business in Oregon.
e
s

4

ERED TO S
Accord
dingly, Defen
ndant is HER
REBY ORDE
SHOW CAU why the Court has
USE
e

5

jurisdiction ove this case. Defendant’s response to this Order to Show Ca
er
o
r
ause shall be due by
e

6

Jan
nuary 19, 2018.

7
8
9
10

IT IS SO ORDER
S
RED.
ated: January 2, 2018
y
Da
___
__________
___________
__________
________
JEF
FFREY S. W
WHITE
Un
nited States D
District Judg
ge

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