Nancy Nicoli v. Riddell et al
Filing
84
(IN CHAMBERS) ORDER by Judge Josephine Staton Tucker remanding case to ORANGE COUNTY SUPERIOR COURT, Case number 30-2011-00477325. Case Terminated. Made JS-6 (Attachments: # 1 TRANSMITTAL LETTER) (rla)
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JS-6
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. SACV 11-999-JST (MLGx)
Title: Nanci Nicoli v. John C. Riddell, et al.
Date: May 3, 2012
Present: Honorable JOSEPHINE STATON TUCKER, UNITED STATES DISTRICT JUDGE
Ellen Matheson
Deputy Clerk
ATTORNEYS PRESENT FOR PLAINTIFF:
Not Present
N/A
Court Reporter
ATTORNEYS PRESENT FOR DEFENDANT:
Not Present
PROCEEDINGS: (IN CHAMBERS) ORDER REMANDING CASE TO
ORANGE COUNTY SUPERIOR COURT, CASE NO. 30-201100477325
The Court may raise the issue of subject matter jurisdiction at any time, sua
sponte. See U.S. Catholic Conference v. Abortion Rights Mobilization, 487 U.S. 72, 79
(1988). If “the court determines at any time that it lacks subject-matter jurisdiction, the
court must dismiss the action.” Fed. R. Civ. P. 12(h)(3).
On July 6, 2011, Defendants removed this action on the basis of diversity
jurisdiction. (Notice of Removal, Doc. 1.) The Notice of Removal asserts that complete
diversity exists between the parties because the Plaintiff, Nanci Nicoli, is a citizen of
California, and each of the Defendants, including Niche Cosmetics, LLC (“Niche”), is a
citizen of Arizona. (Id. at 2.) However, because Niche is a limited liability company, the
Court must consider the citizenship of each of its members for purposes of diversity
jurisdiction. See Johnson v. Columbia Props. Anchorage, LP, 437 F.3d 894, 899 (9th
Cir. 2006). The undisputed facts in support of Niche’s pending motion for partial
summary judgment make clear that Nicoli is a member of Niche. (Nicoli’s Separate
Statement of Genuine Issues of Fact ¶ 1, Doc. 74-1.) Therefore, Niche is a citizen of
California and diversity jurisdiction is not present. Accordingly, the Court REMANDS
this case to the Orange County Superior Court.
Initials of Preparer: enm
______________________________________________________________________________
CIVIL MINUTES – GENERAL
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