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1On August 11, 2006, defendants filed a motion, scheduled for hearing September
22, 2006, by which defendants seek dismissal of the claims against Martini on the ground
he has been improperly joined herein.
United States District CourtFor the Northern District of CaliforniaIN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
GLENN P. HILL,
Plaintiff,
v.
THE SCOOTER STORE, et al.,
Defendants
/
No. C-06-4740 MMC
ORDER DIRECTING DEFENDANTS TO
SHOW CAUSE WHY ACTION SHOULD
NOT BE REMANDED; DIRECTING
DEFENDANTS TO FILE COPIES OF
DOCUMENTS REFERENCED IN NOTICE
OF REMOVAL
Before the Court is the Notice of Removal, filed August 4, 2006, by defendants The
Scooter Store - San Francisco, L.L.C. (“Scooter Store SF”) and Roland Martini (“Martini”),
by which defendants seek to remove a complaint filed in state court by plaintiff Glenn P. Hill
(“Hill”).
In the Notice of Removal, defendants allege the instant complaint is removable on
the basis of diversity jurisdiction. In support of this assertion, defendants allege the amount
in controversy exceeds $75,000, (see Notice of Removal at 3:13-14 (citing Austin Affidavit
¶ 6)), and the joinder of non-diverse defendant Martini is “fraudulent,” (see id. at 2:22 -
3:9).1 Defendants’ allegations with respect to the citizenship of Scooter Store SF, however,
are insufficient to allege the existence of diversity jurisdiction. In particular, defendants
Case 3:06-cv-04740-MMC Document 11 Filed 08/16/2006 Page 1 of 2
Hill v. The Scooter Store et al
Doc. 11
Dockets.Justia.com
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allege the sole member of Scooter Store SF, a limited liability corporation, is a Nevada
corporation known as The Scooter Store - USA, Inc. (“Scooter Store USA”). See id. at
2:15-16; Johnson v. Columbia Properties Anchorage, LP, 437 F. 3d 894, 899 (9th Cir.
2