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USF Insurance Co. v. Illinois Union Insurance Co.

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA - SOUTHERN DIVISION


January 28, 2010

USF INSURANCE COMPANY, PLAINTIFF,
v.
ILLINOIS UNION INSURANCE COMPANY AND DOES 1 THROUGH 50, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Manuel L. Real United States District Court Judge

ORDER OF REMAND BACK TO STATE COURT Assigned Judge: Manuel L. Real Courtroom: 8 (Spring Street) OCSC Case No. 30-2009-00123472

TO ALL INTERESTED PARTIES AND THEIR ATTORNEYS OF RECORD:

Whereas, on December 18, 2009, plaintiff filed a Motion to Remand set for hearing before Judge Carter on January 11, 2010. Opposition and reply briefing were filed by the parties. On January 7, 2010, Judge Carter ordered the matter taken under submission on the papers and took the hearing date of January 11, 2010 off calendar.

Whereas, this case having been previously transferred from the docket of the District Judge David Carter to that of District Court Judge Manual L. Real.

Whereas, this Court having reviewed all motion papers filed by both parties has now issued its ruling.

Whereas, a true and correct copy of the Court's January 25, 2010 minute order (Docket No. 14) is attached hereto as Exhibit "1" and is incorporated by reference as though set forth fully herein.

FOR GOOD CAUSE APPEARING IT IS ORDERED THAT:

Pursuant to 28 U.S.C. §1332(c)1 a corporation is deemed a citizen of any state by which it has been incorporated and its principal place of business. Defendant IUIC, as the moving party, bears the burden of proving diversity between the parties exists. Defendant has failed to meet its burden of proof and has failed to show that complete diversity exists. This Court therefore finds it does not have subject matter jurisdiction and this matter is remanded back to State Court from whence it came. Each party to bear their own costs and attorney fees.

IT BEING SO ORDERED.

20100128

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