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City of Palmdale v. NIC Insurance Co.

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


November 25, 2009

CITY OF PALMDALE
v.
NIC INSURANCE COMPANY, ET AL.

The opinion of the court was delivered by: Honorable Dale S. Fischer, United States District Judge

MEMORANDUM

Proceedings: (In Chambers) Order Remanding Action to State Court

On October 27, 2009, the Court issued an Order to Show Cause re Remand to State Court because Defendant NIC Insurance Co. ("NIC") failed to: (1) state both the respective state of incorporation and principal place of business of all Defendants; and (2) establish Defendants' principal places of business under the "total activities" test. (Docket No. 9.); see also Indus. Tectonics, Inc. v. Aero Alloy, 912 F.2d 1090, 1094 (9th Cir. 1990).

The judicial averments made by NIC in its response fail again because they do not establish Defendants' principal places of business under the "total activities" test. In fact, the response does not make any averments about the relevant factors identified in Indus. Tectonics for the "total activities" test.

Accordingly, the Court remands this matter to the Superior Court of the State of California, County of Los Angeles.

IT IS SO ORDERED.

20091125

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