Lighthouse for the Blind and Visually Impaired v. Nova Casualty Company

3 UNITED STATES DISTRICT COURT

4 NORTHERN DISTRICT OF CALIFORNIA

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, 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 || Remand based on the lack of complete diversity. (Dkt. No. 11.) Having carefully considered the || briefing and arguments submitted on the motion, and for the reasons stated on the record at the || March 2, 2021 hearing, the Court GRANTS plaintiffs Motion to Remand and DENIES AS MOOT || 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 || GranCare, LLC v. Thrower, 889 F.3d 543, 551 (9th Cir. 2018).

23 The Clerk of the Court is directed to REMAND the case to the Napa County Superior Court || and close the file.

25 IT Is SO ORDERED.

27 Dated: March 9, 2021

28 YVONNE GONZATEZ ROGE UNITED STATES DISTRICT COURT JUDGE