Environmental Research Center, Inc. v. Premier Health, LLC

• Court: District Court, N.D. California
• Decided: September 14, 2021
• Docket: 3:21-cv-06509
• Status: Unknown

Opinion

1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 ENVIRONMENTAL RESEARCH Case No. 21-cv-06509-MMC CENTER, INC., 8 Plaintiff, ORDER DIRECTING DEFENDANT TO 9 SHOW CAUSE WHY ACTION v. SHOULD NOT BE REMANDED 10 PREMIER HEALTH, LLC, 11 Defendant.

12 13 Before the Court is the Notice of Removal, filed August 23, 2021, by defendant 14 Premier Health, LLC (“Premier”). The Court notes, however, there is a preliminary issue 15 of subject matter jurisdiction. In particular, although Premier asserts diversity jurisdiction 16 exists over plaintiff’s claims, Premier’s allegations as to diversity of citizenship are, as 17 discussed below, insufficient. 18 In the complaint, filed in state court on July 12, 2021, plaintiff asserts state law 19 claims arising from Premier’s alleged failure to warn consumers of the presence of lead in 20 its nutritional health product. Premier, in removing the case to federal court, states 21 “complete diversity of citizenship exists between [p]laintiff . . . and [d]efendant” and “the 22 amount in controversy exceeds $75,000.” (See Notice of Removal at 2:15-16); see also 23 28 U.S.C. § 1332(a)(1) (providing district court has jurisdiction over civil action between 24 “citizens of different States” where amount in controversy exceeds “$75,000, exclusive of 25 interest and costs”). 26 Premier has not, however, alleged facts sufficient to support a finding that the 27 parties are diverse. In particular, the Notice of Removal states Premier is a limited 1 state of which its owners/members are citizens." See Johnson v. Columbia Properties 2 Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006). Although Premier alleges it is “a 3 Nevada citizen,” it does not identify any owners/members, let alone each 4 owner's/member's citizenship. (See Notice of Removal 3:12). Rather, it merely states 5 that its “sole current manager” is a “resident of Utah” and that “an agent” is 6 “headquartered in Nevada with [its] respective principal places of business in Nevada.” 7 (See Notice of Removal 3:9-11). Consequently, Premier fails to allege sufficient facts to 8 support a finding that diversity of citizenship exists. 9 Accordingly, Premier is hereby ORDERED TO SHOW CAUSE, in writing and no 10 later than October 1, 2021, why the above-titled action should not be remanded for lack 11 of subject matter jurisdiction. 12 13 IT IS SO ORDERED. 14 15 Dated: September 14, 2021 MAXINE M. CHESNEY 16 United States District Judge 17 18 19 20 21 22 23 24 25 26 27