Lenk v. Monolithic Power Systems, Inc.

Filing 77

ORDER FINDING THAT DIVERSITY JURISDICTION EXISTS OVER THE REMAINING CLAIMS IN THE CASE. Signed by Judge Nathanael Cousins on 11/9/2015. (lmh, COURT STAFF) (Filed on 11/9/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KENNETH LAWRENCE LENK,
Plaintiff,

United States District Court
Northern District of California

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v.
MONOLITHIC POWER SYSTEMS,
INC.,

Case No.15-cv-01148-NC
ORDER FINDING THAT
DIVERSITY JURISDICTION
EXISTS OVER THE REMAINING
CLAIMS IN THE CASE

Defendant.
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On October 20, 2015, the Court dismissed the federal claims in this case without

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leave to amend. Dkt. No. 70. Finding that diversity jurisdiction had not been alleged with

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specificity in the complaint, the Court requested additional briefing from the parties. The

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parties appear to be in agreement that diversity jurisdiction exists, and the Court agrees.

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Lenk has demonstrated that he was an Arizona citizen at the time he filed the complaint,

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while MPS was a citizen of Delaware and California, and the amount in controversy is

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over $75,000. Therefore, the Court finds that diversity jurisdiction existed over the state

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law claims at the time the complaint was filed and takes MPS’s motion to dismiss under

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consideration as to the remaining claims.

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IT IS SO ORDERED.

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Dated: November 9, 2015

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Case No.15-cv-01148-NC

_____________________________________
NATHANAEL M. COUSINS
United States Magistrate Judge