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