Rakofsky v. Mercedes-Benz USA, LLC

Filing 7

ORDER TO SHOW CAUSE why case should not be remanded. Re: ECF #1 . MBUSA to show cause in writing by 8/8/2022. The Court also reminds all parties to consent or decline magistrate judge jurisdiction by 8/15/2022. Signed by Judge Nathanael M. Cousins on 8/1/2022. (Attachments: #1 Consent/Declination form)(lmh, COURT STAFF) (Filed on 8/2/2022)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOSEPH RAKOFSKY,

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United States District Court
Northern District of California

Plaintiff,
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v.
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MERCEDES-BENZ USA, LLC, and others,

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Case No. 22-cv-04427-NC
ORDER TO SHOW CAUSE
WHY CASE SHOULD NOT BE
REMANDED
Re: ECF 1

Defendants.
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On July 29, 2022, Defendant Mercedes-Benz USA, LLC (MBUSA) removed this

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case from Monterey County Superior Court. ECF 1. It its removal notice, MBUSA

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alleges that removal is proper under diversity jurisdiction. Id. ¶ 4. In its analysis, MBUSA

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recounts the proper citizenship test for LLCs but fails to identify its members and their

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citizenships. See id. ¶ 6. Similarly, MBUSA properly cites the citizenship test for

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corporations but fails to identify the state of incorporation1 and principal place of business

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of Defendant Mercedes-Benz of Monterey. See id. ¶ 8.

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Accordingly, the Court ORDERS MBUSA to show cause in writing why this case

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should not be remanded by August 8, 2022. The Court also reminds all parties to consent

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or decline magistrate judge jurisdiction under 28 U.S.C. § 636(c) by August 15, 2022.

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MBUSA misquotes this element as “the state in which its located.” ECF 1 ¶ 8. It should
be “the state in which it is incorporated.” Johnson v. Columbia Props. Anchorage, LP,
437 F.3d 894, 899 (9th Cir. 2006) (emphasis added).
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IT IS SO ORDERED.

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Dated: August 1, 2022

_____________________________________
NATHANAEL M. COUSINS
United States Magistrate Judge

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United States District Court
Northern District of California

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