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Colapinto v. Esquire Deposition Services LLC

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


November 9, 2009

FRANK COLAPINTO ET AL.,
v.
ESQUIRE DEPOSITION SERVICES LLC, ET AL.

The opinion of the court was delivered by: Present: The Honorable S. James Otero, United States District Judge

Priority Send Enter Closed JS-5/JS-6 Scan Only

CIVIL MINUTES - GENERAL

Victor Paul Cruz

Courtroom Clerk

PROCEEDINGS (in chambers): ORDER REMANDING ACTION TO STATE COURT

This matter is before the Court on Defendant Esquire Deposition Service LLC's ("Defendant") Notice of Removal, filed on October 19, 2009. (See Notice of Removal.) For the following reasons, this action is REMANDED.

Under this Court's Standing Order, corporate parties invoking subject matter jurisdiction based on diversity "must state in their Complaint or Notice of Removal sufficient facts demonstrating that this Court may properly exercise subject matter jurisdiction." (See Standing Order ¶ 13 (citing Simmons v. Rosenberg, 572 F. Supp. 823, 825 (E.D.N.Y 1983) ("[D]iversity must be alleged with detail and certainty.")).) Consequently, conclusory allegations of a corporation's principal place of business are insufficient and failure to comply with the Standing Order may result in dismissal or remand. (See Standing Order ¶ 13.)

Defendant has provided insufficient facts to establish that its principal place of business is Georgia. See Indus. Tectonics, Inc. v. Aero Alloy, 912 F.2d 1090, 1094 (9th Cir. 1990) ("[T]he principal place of business should be the place where the corporation conducts the most activity that is visible and impacts the public, so that it is least likely to suffer from prejudice against outsiders."). Defendant states in its Notice of Removal, that it is "a Delaware limited liability company, registered to do business in California, with a principal place of business in Georgia." (Notice of Removal ¶ 6.) Additionally, Defendant relies on the Declaration of Lisa M. Censullo.*fn1

Decl. of Lisa M. Censullo in Supp. of Notice of Removal ("Censullo Decl.")) Censullo states that "[Defendant] is a Delaware limited liability company, registered to do business in California, with its principal place of business in Georgia." (Censullo Decl. ¶ 5.) Because these conclusory allegations of Defendant's principal place of business do not comply with this Court's Standing Order, this action is hereby REMANDED. (See Standing Order ¶ 13.) ").)

IT IS SO ORDERED.


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