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Title: William P. Crone v. First Tennessee Bank National Association

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


April 23, 2012

TITLE: WILLIAM P. CRONE
v.
FIRST TENNESSEE BANK NATIONAL ASSOCIATION, ET AL.

The opinion of the court was delivered by: Honorable Josephine Staton Tucker, United States District Judge

CIVIL MINUTES -- GENERAL

Present: Honorable JOSEPHINE STATON TUCKER, UNITED STATES DISTRICT JUDGE

Nancy Boehme N/A

Deputy Clerk Court Reporter

ATTORNEYS PRESENT FOR PLAINTIFF: ATTORNEYS PRESENT FOR DEFENDANT:

Not Present Not Present

PROCEEDINGS: (IN CHAMBERS) ORDER REMANDING CASE TO

ORANGE COUNTY SUPERIOR COURT CASE NO. 30-2010-00350862

This action was originally removed to federal court on November 5, 2010, on the basis of diversity jurisdiction. (Doc. 1 at 2-3.) However, since removal, Plaintiff has amended his complaint to add Steve Scott as a Defendant. (Doc. 11.) Defendants assert Mr. Scott is a citizen of California. (Doc. 63.) Plaintiff's amended complaint does not allege Mr. Scott's citizenship.

In light of these facts, on March 16, 2012, the Court issued to Plaintiff an order to show cause regarding the basis for this Court's subject matter jurisdiction. Plaintiff's Declaration re: Jurisdiction filed on March 23, 2012, failed to directly address that issue, and merely alluded to the possibility that this Court may "no longer [have] jurisdiction over this case due to lack of complete diversity" and that there is a "possibility of the parties stipulating to remanding the case to state court." (Doc. 67.)

Having given the parties an opportunity to demonstrate to the Court the basis for subject matter jurisdiction, and the parties having failed to provide any adequate basis, this case is now remanded to Orange County Superior Court, Case No. 30-2010-00350862.

20120423

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