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Carolina Casualty v. Team Equipment

April 27, 2012

CAROLINA CASUALTY INSURANCE COMPANY
v.
TEAM EQUIPMENT, INC., ET AL.



The opinion of the court was delivered by: Honorable John F. Walter, United States District Judge

CIVIL MINUTES -- GENERAL

Shannon Reilly

Courtroom Deputy

ATTORNEYS PRESENT FOR PLAINTIFFS:

None

None Present

Court Reporter

ATTORNEYS PRESENT FOR DEFENDANTS:

None

PROCEEDINGS (IN CHAMBERS): ORDER DISMISSING ACTION FOR LACK OF

SUBJECT MATTER JURISDICTION

On April 10, 2012, Plaintiff Carolina Casualty Insurance Company ("Plaintiff") filed a Complaint in this Court against Defendants Team Equipment, Inc., Bell Hop Cleaners of California, Inc., Gamet Enterprises, LLC, DryCleaning Corporation, Steam Press Holdings, Inc., Cleaners Club Acquisition Sub, Inc., USDCC CVR Merger Sub, LLC, USDC Fresno, Inc., USDC Fresno 2, Inc., USDC Portsmouth, Inc., USDC Tuchman Indiana, Inc., Riaz Chautani, Robert Y. Lee, Martin Brill, Earl Greenberg, Anthony J.A. Bryan, Kim Cox, Michael Drace, and Tim Denari (collectively, "Defendants"), alleging that the Court had subject matter jurisdiction over the action pursuant to 28 U.S.C. §§ 1332.

Plaintiff has not adequately alleged the facts essential for the subject matter jurisdiction of Tosco Corp. v. Communities for a Better Environment, 236 F.3d 495, 499 (9th Cir. 2001) (quoting Smith v. McCullough, 270 U.S. 456, 459 (1926)) ("'A plaintiff suing in a federal court must show in his pleading, affirmatively and distinctly, the existence of whatever is essential to federal jurisdiction . . . .'"). Diversity jurisdiction founded under 28 U.S.C. § 1332(a) requires that

(1) all plaintiffs be of different citizenship than all defendants, and (2) the amount in controversy exceed ...


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