Great American Insurance Company v. Jessup Engineering Inc et al
Filing
4
MINUTE ORDER IN CHAMBERS by Judge Cormac J. Carney: Remanding case to Orange County Superior, for lack of subject matter jurisdiction. Case number 30-02012-00558930. Mailed certified copies to Superior Court. Case Terminated. Made JS-6 (Attachments: # 1 cv 103) (twdb)
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. SACV 12-00791-CJC(JPRx)
JS-6
Date: May 18, 2012
Title: GREAT AMERICAN INSURANCE COMPANY v. JESSUP ENGINEERING, INC., ET
AL.
PRESENT:
HONORABLE CORMAC J. CARNEY, UNITED STATES DISTRICT JUDGE
Michelle Urie
Deputy Clerk
ATTORNEYS PRESENT FOR PLAINTIFF:
None Present
N/A
Court Reporter
ATTORNEYS PRESENT FOR DEFENDANT:
None Present
PROCEEDINGS: (IN CHAMBERS) ORDER REMANDING CASE TO STATE
COURT FOR LACK OF SUBJECT MATTER JURISDICTION
Plaintiff Great American Insurance Company filed this action in Superior Court of
Orange County against Defendants Jessup Engineering, Inc., Serfilco, LTD. (“Serfilco”),
and McDermit on April 30, 2012. On May 16, Serfilco removed the case to this Court on
the basis of diversity jurisdiction.
A district court must remand a case to state court if it appears at any time before
final judgment that the district court lacks subject matter jurisdiction. 28 U.S.C.
§1447(c). A federal court can assert subject matter jurisdiction where a case either raises
a question under federal law or is between diverse parties and involves an amount in
controversy of over $75,000. 28 U.S.C. §§ 1331, 1332.
In its notice of removal, Serfilco asserted that there is complete diversity of the
parties in a dispute of over $75,000. However, Serfilco’s notice of removal fails to
demonstrate that there is complete diversity. Neither the notice of removal nor the
complaint asserts that McDermit is not a citizen of California. Serfilco asserts, instead,
that it is “informed and believes that [McDermit] is an improper defendant,” but provides
no basis for this conclusory assertion, and a review of the complaint indicates that there
are claims alleged against McDermit with supporting factual allegations. Accordingly,
Serfilco has failed to demonstrate that McDermit is an improper party and that there is,
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. SACV 12-00791-CJC(JPRx)
Date: May 18, 2012
Page 2
thus, complete diversity of citizenship. Accordingly, the Court must REMAND this
action for lack of subject matter jurisdiction.
jsk
MINUTES FORM 11
CIVIL-GEN
Initials of Deputy Clerk MU
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