Freedom JN, LLC v. Frontiers Records S.r.l.

United States District Court for the Northern District of California

Freedom JN, LLC v. Frontiers Records S.r.l.

Trial Court Opinion

1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 FREEDOM JN, LLC, Case No. 21-cv-10060-JCS 7 Plaintiff, ORDER TO SHOW CAUSE WHY 8 v. CASE SHOULD NOT BE REMANDED 9 FRONTIERS RECORDS S.R.L., et al., 10 Defendants. 11 Defendants removed this case from state court asserting diversity jurisdiction based on 12 || their good faith belief that none of Plaintiff Freedom JN, LLC’s members are citizens of Italy (as 13 || are both defendants), but noting that they lack actual knowledge of the identity of Freedom JN’s 14 || members as that information is not publicly available or reasonably ascertainable. Such 3 15 |] allegations based on information and belief meet Defendants’ burden for removal under the 16 || reasoning of Carolina Casualty Insurance Company v. Team Equipment, Inc.,

741 F.3d 1082

, 17 1086 (9th Cir. 2014). See also Lincoln Ben. Life Co. v. AEI Life, LLC,

800 F.3d 99, 110

(3d Cir. 18 || 2015). The Court, however, has an independent obligation to determine its jurisdiction, and if any 19 || of Freedom JN’s members are citizens of Italy, remand would be appropriate. Freedom JN is 20 || therefore ORDERED TO SHOW CAUSE why the case should not be remanded, by filing a 21 declaration addressing the citizenship of its members no later than January 19, 2022. That 22 || declaration may be included with Freedom JN’s opposition to Defendants’ pending motion to 23 || dismiss, or may be a separate filing. 24 This order is without prejudice to any other argument for remand that Freedom JN might 25 || raise by a separate motion. 26 IT ISSO ORDERED. 27 || Dated: January 6, 2022 CZ i Ae C. SPERO 28 ief Magistrate Judge

Reference

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