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)

Download PDF
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 10 JOSEPH RAKOFSKY, 11 United States District Court Northern District of California Plaintiff, 12 v. 13 MERCEDES-BENZ USA, LLC, and others, 14 Case No. 22-cv-04427-NC ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE REMANDED Re: ECF 1 Defendants. 15 16 On July 29, 2022, Defendant Mercedes-Benz USA, LLC (MBUSA) removed this 17 case from Monterey County Superior Court. ECF 1. It its removal notice, MBUSA 18 alleges that removal is proper under diversity jurisdiction. Id. ¶ 4. In its analysis, MBUSA 19 recounts the proper citizenship test for LLCs but fails to identify its members and their 20 citizenships. See id. ¶ 6. Similarly, MBUSA properly cites the citizenship test for 21 corporations but fails to identify the state of incorporation1 and principal place of business 22 of Defendant Mercedes-Benz of Monterey. See id. ¶ 8. 23 Accordingly, the Court ORDERS MBUSA to show cause in writing why this case 24 should not be remanded by August 8, 2022. The Court also reminds all parties to consent 25 or decline magistrate judge jurisdiction under 28 U.S.C. § 636(c) by August 15, 2022. 26 27 28 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). 1 1 IT IS SO ORDERED. 2 3 4 Dated: August 1, 2022 _____________________________________ NATHANAEL M. COUSINS United States Magistrate Judge 5 6 7 8 9 10 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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?