Wick
Wick v. Wactor et.al.
Opinion
trial_court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 WILLIAM D. WICK, Case No. 25-cv-05283-JSC
8 Plaintiff,
ORDER TO SHOW CAUSE WHY
9 v. ACTION SHOULD NOT BE
REMANDED
10 JON K. WACTOR,
Defendant. 11
12 13 Jon Wactor removed this state law action to federal court on the basis of diversity 14 jurisdiction. There are many issues with the Notice of Removal. 15 First, the removal statute prohibits a case from being removed on the basis of diversity 16 jurisdiction “more than 1 year after commencement of the action.” 28 U.S.C. § 1446(c)(1). The 17 removed action was commenced in Superior Court in 2023, so removal appears untimely. 18 Second, Mr. Wactor contends diversity jurisdiction was established in February 2025 when 19 he moved to New Mexico. But the citizenship of the parties is determined at the time the 20 complaint is filed. Smith v. Sperling, 354 U.S. 91, 93, n.1 (1957). The Superior Court action was 21 filed in 2023 when Mr. Wactor was a citizen of California, as is Mr. Wick. 22 Third, under…