Harris, et al. v. Rand, et al., No. 10-57012 (9th Cir. 2012)
Annotate this CasePlaintiffs filed suit in district court under 28 U.S.C. 1332(a)(2). Plaintiffs subsequently appealed from the district court's dismissal without prejudice of their first amended complaint for lack of subject matter jurisdiction. The district court, citing Hertz Corp. v. Friend, dismissed the complaint because plaintiffs failed to provide factual support for their allegations of diversity. But Hertz did not impose a heightened pleading standard and, in two orders issued before its order of dismissal, the district court requested that plaintiffs provide further allegations of the corporate parties' principal place of business, not further proof. The district court did not abuse its discretion by requesting proof of the parties' principal places of business, but the court found that the district court's order was inconsistent. Accordingly, the court vacated the order and dismissed the first amended complaint, and remanded.
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