Boling Air Media Inc. v. Panalpina Inc. ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BOLING AIR MEDIA, No. 1:19-cv-00084-DAD-SKO 12 Plaintiff, 13 v. ORDER REMANDING MATTER TO THE FRESNO COUNTY SUPERIOR COURT 14 PANALPINA INC.; EVA AIRWAYS CORP.; and DOES 1 through 50, 15 Defendants. 16 17 18 Plaintiff Boling Air Media initiated this action in Fresno County Superior Court on 19 December 18, 2018. (Doc. No. 1-1 at 2.) On January 17, 2019, defendants removed this action to 20 federal court on the basis of diversity jurisdiction. (Doc. No. 1 at 3–4.) 21 On October 23, 2019, the undersigned issued an order adopting the findings and 22 recommendations issued by the magistrate judge assigned to this case, granting plaintiff leave to 23 file its First Amended Complaint. (Doc. Nos. 15-1, 25, 30.) Because the joinder of additional, 24 non-diverse defendants in the First Amended Complaint would destroy diversity jurisdiction, the 25 court indicated in its order that, subsequent to the filing of the First Amended Complaint, this 26 action would be remanded to the Fresno County Superior Court. (Doc. No. 30 at 3.) 27 On October 23, 2019, plaintiff filed its First Amended Complaint, which joined 28 additional, non-diverse defendants. (Doc. No. 31.) Thus, the court can no longer exercise 1 | diversity jurisdiction over this case. Remand to the Fresno County Superior Court is therefore 2 | required. See 28 U.S.C. § 1447(c); Bruns v. NCUA, 122 F.3d 1251, 1257 (9th Cir. 1997). 3 Accordingly, 4 1. This case is remanded to the Fresno County Superior Court, pursuant to 28 U.S.C. 5 § 1447(c), for lack of subject matter jurisdiction; and 6 2. The Clerk of Court is directed to close this case. 7 | IT IS SOORDERED. si am 8 Li. wh F Dated: _ October 25, 2019 wen!" Soe 9 UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28