Santos v. Office Depot, Inc. et al
Filing
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ORDER denying 16 Motion for Reconsideration. Signed by Judge Larry Alan Burns on 5/3/2018. (All non-registered users served via U.S. Mail Service)(jdt)
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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
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Case No.: 18cv506-LAB (MDD)
SYLVIA SANTOS,
Plaintiff,
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v.
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ORDER DENYING MOTION FOR
RECONSIDERATION
OFFICE DEPOT, INC.,
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Defendant.
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On April 26, the Court dismissed Santos’ complaint without leave to amend,
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because it was clear the Court lacked jurisdiction over her claims. The Court had
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previously explained diversity jurisdiction to Santos, and had told her what would
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be needed to establish it. (Docket no. 3 at 2:27–3:11.) After the Court granted her
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an extension, she filed a verified amended complaint that did not correct the
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jurisdictional pleading defect; to the contrary, it showed that the Court lacks
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jurisdiction over this case because the parties are not diverse. The Court dismissed
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the case without prejudice.
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Santos has now submitted a motion for reconsideration, which the Court
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accepted by discrepancy order and construes as a motion under Fed. R. Civ. P.
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60. She explains that she was not thinking clearly because she was suffering from
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a concussion, but is now prepared to allege jurisdictional facts.
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18cv506-LAB (MDD)
The proposed amended complaint, however, still shows the parties are not
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diverse.
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Castellanos. She admits Castellanos resides and works in California, and she has
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no reason to believe he is a citizen of some other state or country. (Proposed
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Second Amended Complaint, & 3.) Even assuming Castellanos were a citizen of
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some other country, under 28 U.S.C. ' 1332(a)(2) he would be treated as a
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California citizen for purposes of diversity jurisdiction. She also speculates that he
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may be present in the U.S. illegally, which would provide an exception to
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' 1332(a)(2), but she does not allege this, and identifies no reason to believe this
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Santos is suing both Office Depot and its store manager, Alberto
is so.
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Santos suggests that discovery might eventually show that the parties are
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diverse. Even if the Court were to construe Santos’ remarks as a request for early
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discovery to investigate whether Castellanos is living and working illegally in the
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U.S., the request would be denied. Santos has not established good cause for
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such intrusive discovery, and the standard for granting it is clearly not met here.
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See Semitool, Inc. v. Tokyo Electron Am., Inc. 208 F.R.D. 273, 275–76 (N.D. Cal.
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2002); Columbia Ins. Co. v. seescandy.com, 185 F.R.D. 573, 577–78 (N.D. Cal.
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1999) (citing Wells Fargo & Co. v. Wells Fargo Exp. Co., 556 F.2d 406, 430 n.24
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(9th Cir. 1977)). This is particularly true here, where the case was dismissed without
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prejudice to its being filed in a court that could exercise jurisdiction over Santos’
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claims.
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The motion is DENIED, and the Clerk is directed to close the docket.
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IT IS SO ORDERED.
Dated: May 3, 2018
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Hon. Larry Alan Burns
United States District Judge
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18cv506-LAB (MDD)
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