1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 DIANA CASTANEDA and SARAI Case No.: 2:23-cv-01120-APG-DJA CASTANEDA, 4 Order Remanding Case for Lack of Plaintiffs Subject Matter Jurisdiction 5 v. 6 ALEX MILANO and SUPERIOR 7 OVERNIGHT SERVICES, INC.,

8 Defendants

9 Defendant Superior Overnight Services, Inc. removed this action from state court based 10 on diversity jurisdiction. ECF No. 1. However, according to the plaintiff’s complaint, both the 11 plaintiff and defendant Alex Milano are Nevada citizens. ECF No. 1-1 at 2. I therefore ordered 12 Superior to show cause why this case should not be remanded to state court for lack of subject 13 matter jurisdiction. 14 Superior’s response does not establish subject matter jurisdiction because Superior 15 concedes it does not know Milano’s citizenship. See ECF No. 12 at 4, 6 n.11. Superior argues 16 that Milano has not been properly served, but that does not show that Milano’s citizenship should 17 be disregarded for diversity purposes. Superior is confusing whether procedurally it can remove 18 when there is a forum defendant and whether diversity jurisdiction exists. Milano is a named 19 defendant in this case and the plaintiffs have alleged he is a Nevada citizen, so his presence in 20 the case destroys diversity. As the party seeking to invoke this Court’s jurisdiction, Superior 21 bears the burden of establishing jurisdiction exists. See Naffe v. Frey,

(9th 22 Cir. 2015). It has not done so. 23 ] I THEREFORE ORDER that the case is remanded to the state court from which it was 2\|removed for all further proceedings. The clerk of the court is instructed to close this case. 3 DATED this 14th day of August, 2023. 2 Gae— ANDREW P. GORDON 5 UNITED STATES DISTRICT JUDGE 6 7 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23