Free Order - District Court of California - California

Case 3:08-cv-00396-LAB-WMC

Document 9

Filed 04/02/2008

Page 1 of 1

1 2 3 4 5 6 7 8 vs. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 state court for lack of jurisdiction. Dkt No. 8. This Order issues solely to correct the designation of the removing party in the text of the original Order, which remains otherwise unchanged. Defendant New Century Buildings, LLC removed this contract action from state court on March 3, 2008, predicating on diversity of citizenship. 28 U.S.C. § 1332(a)(1). The NEW CENTURY BUILDINGS, LLC, Defendant. On March 20, 2008, the undersigned District Judge ordered this action remanded to McCUNE MOTORS, Plaintiff, CASE NO. 08CV0396-LAB (WMc) AMENDED AND SUPERSEDING ORDER REMANDING CASE TO STATE COURT [Dkt No. 4, 7]

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

defendant is alleged to be a limited liability company ("LLC"), but the jurisdictional allegations in the Notice of Removal were insufficient for the court to confirm its ability to exercise jurisdiction over the dispute. Defendant has responded to the Order Requiring Jurisdictional Briefing with a request that the matter be remanded to Superior Court, having confirmed one member of the defendant LLC shares California citizenship with plaintiff, defeating diversity jurisdiction. IT IS HEREBY ORDERED the request to remand is GRANTED, and the Clerk of Court shall terminate the federal case. IT IS SO ORDERED. DATED: April 1, 2008 HONORABLE LARRY ALAN BURNS United States District Judge
08cv0396