Magana v. Archer Daniels Midland Co., Inc. ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CAROLINA ZAMORA MAGANA, No. 1:20-cv-00578-NONE-SKO 12 Plaintiff, 13 v. ORDER REMANDING MATTER TO THE SAN FRANCISCO COUNTY SUPERIOR 14 ARCHER DANIELS MIDLAND COURT COMPANY dba ADM GOLDEN 15 PEANUT, 16 Defendant. 17 18 19 Plaintiff Carolina Zamora Magana initiated this action in San Francisco County Superior 20 Court on February 21, 2020. (Doc. No. 1-1 at 3.) On March 30, 2020, defendant removed the 21 case to the United States District Court for the Northern District of California on the basis of 22 diversity jurisdiction. (Doc. No. 1 at 4–7.) The action was transferred to this court pursuant to 23 stipulation on April 23, 2020. (Doc. Nos. 13 & 14.) 24 On July 13, 2021, the undersigned issued an order adopting the findings and 25 recommendations issued by the magistrate judge assigned to this case, granting plaintiff leave to 26 file an amended complaint. (Doc. No. 38.) Because the joinder of an additional, non-diverse 27 defendant in the amended complaint would destroy diversity jurisdiction, the court indicated in its 28 order that, subsequent to the filing of the amended complaint, this action would be remanded to 1 | the San Francisco County Superior Court, where it was originally filed. Cd.) 2 On July 19, 2021, plaintiff filed her amended complaint, which joined an additional, non- 3 | diverse defendant. (Doc. No. 39.) Thus, the court can no longer exercise diversity jurisdiction 4 | over this case. Remand to the San Francisco County Superior Court is therefore required. See 28 5 | U.S.C. § 1447(c); Bruns v. NCUA, 122 F.3d 1251, 1257 (9th Cir. 1997). 6 Accordingly, 7 1. This case is remanded to the San Francisco County Superior Court, pursuant to 28 8 U.S.C. § 1447(c), for lack of subject matter jurisdiction; and 9 2. The Clerk of Court is directed to assign a district judge to this case for the 10 purposes of closure and then to close this case. 11 | IT IS SO ORDERED. a Dated: _ July 26, 2021 VL AL Aa 13 UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28