1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 LIGHTHOUSE FOR THE BLIND AND CASE No. 20-cv-09445-YGR VISUALLY IMPAIRED D/B/A HANOVER 7 INSURANCE COMPANY, ORDER GRANTING MOTION TO REMAND 8 Plaintiff, AND DENYING MOTION TO DISMISS AS MOOT 9 VS. Re: Dkt. Nos. 9, 11 10 Nova CASUALTY CO., ET AL., 11 Defendants. gq On November 4, 2020, plaintiff filed this action in Napa County Superior Court.

13 || Defendant Nova Casualty Company d/b/a Hanover Insurance Group (“Nova”) removed the case to

14 federal court on December 30, 2020. (Dkt. No. 1.) On January 6, 2021, defendants Nova,

8 15 || Anthony DeCesare, and Steven Koski filed a motion to dismiss DeCesare and Koski from this © 16 || action under Federal Rule 12(b)(6). (Dkt. No. 9.) On January 20, 2021, plaintiff filed a Motion to

17 || Remand based on the lack of complete diversity. (Dkt. No. 11.) Having carefully considered the

18 || briefing and arguments submitted on the motion, and for the reasons stated on the record at the 19 || March 2, 2021 hearing, the Court GRANTS plaintiffs Motion to Remand and DENIES AS MOOT 20 || defendants’ Motion to Dismiss. Defendants “ha[ve] not demonstrated that there is no possibility 21 that [plaintiff] ] could [state a negligent misrepresentation claim] against [Koski].” See 22 || GranCare, LLC v. Thrower,

(9th Cir. 2018). 23 The Clerk of the Court is directed to REMAND the case to the Napa County Superior Court 24 || and close the file. 25 IT Is SO ORDERED. 26 27 Dated: March 9, 2021 28 YVONNE GONZATEZ ROGE UNITED STATES DISTRICT COURT JUDGE