Gardiner Family, LLC v. Crimson Resource Management Corp.

147 F. Supp. 3d 1029, 2015 U.S. Dist. LEXIS 128781, 2015 WL 5646648
District Court, E.D. California·Decided September 24, 2015·No. Case No. 1:15-CV-00751-LJO-JLT·Published·Cited by 32 cases

Opinion

MEMORANDUM DECISION AND ORDER DENYING DEFENDANTS’ MOTION TO DISMISS.

LAWRENCE J. O’NEILL, District Judge. ,

Before the Court in the above-styled and numbered cause of action is Defendant Crimson A Resource Management Corporation’s (“Crimson”) Motion to Dismiss, filed July 7, 2015. (Doc. 6). Plaintiffs Gardiner Family, LLC (“Gardiner Family”), and Rosedale Farming Group, LLC (“Rosedale Farming”) (together, “Plaintiffs”) filed their Opposition on July 28, 2015 (Doc. 10), and Defendants filed their Reply on August 4, 2015 (Doc. 11). The matter is appropriate for resolution without oral argument. See Local Rule 230(g). Having considered the record in this case, the parties’ briefing, and the relevant law, the Court will deny Defendant’s motion for the reasons set forth belów.

BACKGROUND

Plaintiffs assert that this Court has original jurisdiction on the basis of diversity. Plaintiffs originally filed in federal court on May 15, 2015, asserting federal jurisdiction arises under 28 U.S.C. § 1332(a)(1), on the grounds that the instant dispute involves citizens of different states and the amount in controversy exceeds $75,000.00. See Compl., Doc. 1. ■

Defendants here do not challenge that diversity of citizenship provides an independent basis of subject matter jurisdiction. See Moses H. Cone Mem’l Hosp. v. Mercury Const. Corp., 460 U.S. 1, 25 n. 32, 103 S.Ct. 927, 74 L.Ed.2d 765 (1983). It is uncontroverted that Plaintiffs allege damages in excess of the threshold $75,000.00 amount in controversy requirement. See id.; Compl. ¶ 13. Fictional Doe defendants aside, the parties agree that Plaintiffs Gardiner and Rosedale are California corporations with their principal places of business in California and Defendant Crimson is a Colorado corporation with its principal place of business in Colorado. See 28 U.S.C. § 1332(a); see Compl. ¶¶ 8-10.

Nor do the parties dispute that a federal court exercising diversity jurisdiction applies the Federal Rules of Civil Procedure,1 and the substantive law of the state [1031] in which it is located. Erie R.R. Co. v. Tompkins, 304 U.S. 64, 78, 58 S.Ct. 817, 82 L.Ed. 1188 (1938). The parties agree that the Court applies the substantive laws of the state of California and California state law includes substantive Doe statutes. The facts are otherwise known to the parties and need not be repeated here.

■ By the instant motion to dismiss, Defendant asks the Court to dismiss Plaintiffs’ complaint for lack of jurisdiction based on the presence of Doe defendants. See Fed. R.Civ.P. 12(b)(1). .

The matter is ripe for review.

LEGAL STANDARD

Rule 12(b)(1) of the Federal Rules of Civil Procedure provides that a defendant may move to dismiss for lack of subject matter jurisdiction. Under this rule, “[t]he party asserting federal subject matter jurisdiction bears the burden of proving its existence.” Chandler v. State Farm Mut. Auto. Ins. Co., 598 F.3d 1115, 1122 (9th Cir.2010); Lujan v. Defenders of Wildlife, 504 U.S. 555, 561, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992). To succeed, the party carries the burden by proffering “the manner and degree of evidence required” at that stage of the litigation. Lujan, 504 U.S. at 561, 112 S.Ct. 2130.

DISCUSSION

I. JUDICIAL NOTICE

Defendant Crimson requests that the Court take judicial notice of Palla Farms LLC’s pleadings (“the Palla Complaint”) in a state court action in, which Crimson is also a defendant. See Doc. 12. , Crimson does not allege that Gardiner Family or Rosedale Farming are involved in that action in any way.

When considering a motion to dismiss, the court ordinarily does not look beyond the four corners of the complaint. See Lee v. City of L.A., 250 F.3d 668, 688 (9th Cir.2001). Under Federal Rule. of Evidence 201, however, “[t]he court may judicially notice a fact that is not subject to reasonable dispute because it: (1) is generally known within the court’s territorial jurisdiction; or (2) can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.” Fed.R.Evid. 201. For instance, “[a] district court may take judicial notice of undisputed matters of public record, including documents on file in federal or state courts.” Harris v. Cnty. of Orange, 682 F.3d 1126, 1131-32 (9th Cir.2012) (citing Lee, 250 F.3d at 689; Bennett v. Medtronic, Inc., 285 F.3d 801, 803 n. 2 (9th Cir.2002)). Documents not attached to a complaint may be considered if no party questions their authenticity and the complaint relies on those documents. Lee, 250 F.3d at 688.

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Gardiner Family, LLC v. Crimson Resource Management Corp., 147 F. Supp. 3d 1029, 2015 U.S. Dist. LEXIS 128781, 2015 WL 5646648 (E.D. Cal. 2015).

147 F. Supp. 3d 1029 (Gardiner Family, LLC v. Crimson Resource Management Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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