1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 TRUONG LE, ) CV 20-4094-RSWL-SK ) 13 Plaintiff, ) ) ORDER TO SHOW CAUSE RE: 14 ) SUBJECT MATTER v. ) JURISDICTION 15 ) ) 16 ARMSTRONG WORLD INDUSTRIES, ) a Pennsylvania Company ) 17 registered and doing ) business in the State of ) 18 California; ARMSTRONG ) FLOORING, INC., a Delaware ) 19 corporation registered and ) doing business in the State ) 20 of California; and DOES 1 ) through 100, inclusive, ) 21 ) ) 22 Defendants. ) 23 Defendant Armstrong Flooring, Inc. (“Defendant”) 24 filed its Notice of Removal [1] on May 4, 2020.1 In its 25 26 1 Plaintiff originally filed his Complaint against Armstrong 27 Flooring Inc., and Armstrong World Industries (“AWI”); however, AWI was dismissed without prejudice on April 27, 2020. See Decl. 28 of Anet Drapalski in Supp. of Notice of Removal (“Drapalski Decl.”) ¶ 6, ECF No. 2; Ex. B to Drapalski Decl., ECF No. 2. 1 Notice of Removal, with regard to the citizenship of 2 Plaintiff Truong Le (“Plaintiff”), Defendant stated, 3 “Because Plaintiff is a citizen of California and 4 Armstrong Flooring is a citizen of Delaware and 5 Pennsylvania and AWI is a citizen of the State of 6 Pennsylvania, complete diversity of citizenship exists 7 in this matter.” Notice of Removal ¶ 17, ECF No. 1. 8 But in support of diversity jurisdiction, Defendant 9 states that Plaintiff “alleges that at ‘all relevant 10 times’ he is and was a resident of the State of 11 California and resides in Los Angeles County.” Id. ¶ 12 11. To invoke diversity jurisdiction, Defendant must 13 prove complete diversity of citizenship between the 14 parties.

. A natural person’s state 15 citizenship is “determined by her state of domicile, 16 not her state of residence.” Kanter v. Warner-Lambert 17 Co.,

(9th Cir. 2001). 18 A notice of removal “alleging diversity of 19 citizenship upon information and belief is 20 insufficient” to prove complete diversity. Bradford v. 21 Mitchell Bros. Truck Lines,

(N.D.

); see Doherty v. Ocwen Fin. Corp., No. CV 23 14-7118 PA (Ex),

, at *4 24 (C.D. Cal. Sep. 16, 2014) (remanding case when the 25 defendant alleged the plaintiffs’ citizenship based 26 solely on “information and belief”). As such, 27 Defendant is HEREBY ORDERED to show, in writing, on or 28 before May 29, 2020, evidence of Plaintiff’s 1 citizenship or this Action will be remanded. 2 IT IS SO ORDERED. 3 4 DATED: May 15, 2020 /s/ Ronald S.W. Lew 5 HONORABLE RONALD S.W. LEW Senior U.S. District Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28