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Shackelford v. Shields

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


October 29, 2010

MICHELLE SHACKELFORD, PLAINTIFF,
v.
DONALD L. SHIELDS; MARTEN TRANSPORT, LTD., A DELAWARE CORPORATION, AND DOES 1-100, INCLUSIVE, DEFENDANT.

The opinion of the court was delivered by: Frank C. Damrell, Jr. United States District Judge

ORDER

The court has reviewed defendants' notice of removal to the United States District Court for the Eastern District of California under 28 U.S.C. §§ 1441(b) based on diversity jurisdiction. It is well established that the basic requirement of diversity cases is that all plaintiffs must be of different citizenship than all defendants. Strawbridge v. Curtiss, 7 U.S. 267 (1806). In their Notice of Removal, defendants assert that, on information and belief, plaintiff is a citizen of California. Defendants also assert that defendant Donald L. Shields is a citizen of California. Accordingly, based upon defendants' own representations, there is not complete diversity between the parties. Therefore, this action is improperly before this court. Accordingly, the court REMANDS this action back to the Superior Court of California, County of Sacramento.

IT IS SO ORDERED.

20101029

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