Newby

Newby v. Treyled Life Settlements LLC

Good Law
United States District Court, Eastern District of CaliforniaSeptember 24, 20241:24-cv-00886California672 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

KENNETH NEWBY, et al., Case No. 1:24-cv-00886-JLT-SAB

Petitioners, ORDER REQUIRING RESPONDENT TO

FILE A STATEMENT IN ACCORDANCE

v. WITH RULE 7.1 OF THE FEDERAL RULES

OF CIVIL PROCEDURE

TREYLED LIFE SETTLEMENTS LLC,

THREE-DAY DEADLINE

Respondent. 16 On July 31, 2024, Petitioners initiated this action by filing a motion to vacate an arbitration award that was issued on the same day by an arbitrator in Texas. (ECF No. 1.) Therein, Petitioners allege that this Court has diversity jurisdiction because “there is complete diversity of citizenship between Petitioners, citizens of California, and Respondent, a citizen of Texas and Delaware….” (Id. at ¶ 9.) Upon review of the face of Petitioners’ motion to vacate the arbitration award, the Court finds diversity of citizenship is not sufficiently alleged. See Badgerow v. Walters, 596 U.S. 1, 9 (2022) (“If [the face of the vacatur petition] shows that the contending parties are citizens of different…

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