Dickerson v. Marshalls, Inc.

• Court: District Court, N.D. California
• Decided: July 8, 2025
• Docket: 5:25-cv-05587
• Status: Unknown

Opinion

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9

10 DOMINIC DICKERSON, Case No. 25-cv-05587-NC 11 Plaintiff, ORDER FOR REMOVING 12 DEFENDANT TO SHOW v. CAUSE ESTABLISHING THE 13 CITIZENSHIP OF ALL MARSHALLS, INC., et al., DEFENDANTS 14 Defendants. Re: ECF 1 15 16 17 On July 3, 2025, Defendant Marshalls of CA, LLC filed a notice of removal for an 18 action brought by Plaintiff Dominic Dickerson in Santa Clara County Superior Court. 19 ECF 1. Because federal district courts must ensure they have subject matter jurisdiction 20 over every case, the Court issues this Order for Marshalls of CA, LLC to provide 21 additional information establishing subject matter jurisdiction. See Valdez v. Allstate Ins. 22 Co., 372 F.3d 1115, 1116 (9th Cir. 2004). 23 A defendant may remove a civil action in state court to a federal district court if the 24 federal district court would have original subject matter jurisdiction based on federal 25 question jurisdiction or diversity jurisdiction. 28 U.S.C. § 1441(a). Here, Marshalls of 26 CA, LLC asserts removal is proper based on diversity jurisdiction. ECF 1 at 1. Diversity 27 jurisdiction requires that parties are citizens of different states and the amount in 1 The notice of removal provides only the citizenship of Plaintiff and of Marshalls of 2 || CA, LLC. ECF 1 §§ 10-11. However, Plaintiff’s state court complaint names three non- 3 Doe defendants: (1) Marshalls, Inc.; (2) Marshalls of San Jose; and (3) “Marshalls 4 || Department stores of California.” ECF 1, Ex. A. Although the notice of removal indicates 5 || itis on behalf of “MARSHALLS OF CA, LLC (erroneously sued as ‘MARSHALLS, 6 || INC.’),” it says nothing of the other two named defendants or their citizenship. As such, 7 || the Court cannot discern whether complete diversity of citizenship exists among the parties 8 || such that diversity jurisdiction 1s satisfied. 9 Accordingly, Marshalls of CA, LLC is ordered to show cause by July 15, 2025, 10 || providing the citizenship of all named defendants to establish diversity jurisdiction. 11 || Plaintiff may choose to file a response by July 22, 2025. 12 IT IS SO ORDERED.

"a 14 || Dated: July 8, 2025 □□ =————~ _ NATHANAEL M. COUSINS 2 15 United States Magistrate Judge

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