UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL Case No. CV 21-7016 MRW Date November 10, 2021 Title Valencerina v. Costco

Present: Hon. Michael R. Wilner, U.S. Magistrate Judge Veronica Piper CS 11/10/2021 Deputy Clerk Court Reporter / Recorder Attorneys Present for Plaintiff: Attorneys Present for Defendant: Sam Nordean Ara Baghdassarian Proceedings: ORDER DENYING REMAND MOTION

1. For the reasons stated during the video hearing today, the Court denies without prejudice Plaintiff's motion to remand this action. (Docket # 11.) The unrebutted declaration of Defendant’s attorney — buttressed by the agreed-upon disavowal of an intended remand motion — convince the Court that Plaintiffs attorney did not satisfy the pre-filing meet-and-confer requirements of Local Rule 7. (Docket # 9 at 5; # 15 at 2; L.R. 7-10.) 2. The Court declines at present to take up the substance of the defense’s contentions regarding the adequacy of the Doe defendant pleading in the complaint or the allegations of fraudulent joinder. I note that an adequately pled allegation of potential culpability by a non-diverse defendant may be sufficient to lead to remand. Loya v. Costco Wholesale, No. CV 20-9354 DMG (JCx),

at *2 (C.D. Cal. 2020) (“the Court may consider the Doe Manager and Doe Employee's citizenship for purposes of diversity jurisdiction”); Lacombe v. Costco Wholesale, No. ED CV 20-2486 JGB (SHKx),

at *3 (C.D. Cal. 2021) (“suspicion of amendment for the purpose of destroying diversity jurisdiction is not an important factor” in court’s analysis; “Defendants asserting fraudulent joinder bear a heavy burden because there is a general presumption against finding fraudulent joinder”) (cleaned up); Oken v. FCA US LLC, No. CV 1892 MRW,

at *2 (C.D. Cal. 2020) (a “thin claim against [a] local defendant” asserted to “keep a state law case in state court” is “a legitimate strategic choice that Plaintiffs — as masters of their pleading — may lawfully pursue’). 3. The parties will promptly conduct discovery and comply with their discovery and complaint amendment (if needed) obligations within the deadlines previously set by the Court at their request. : 22 Initials of Preparer: vp