Richman

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 EVANSTON INSURANCE COMPANY, Case No. 24-cv-05067-WHO

Plaintiff,

ORDER ON THE MOTION TO

v. DISMISS

JESSICA RICHMAN, et al., Re: Dkt. No. 44 Defendants.

Evanston Insurance Company (“Evanston”) brings this declaratory relief lawsuit against defendants Jessica Richman (“Richman”) and Zachary Apte (“Apte”) (together, “defendants”), seeking a judicial determination that it owes defendants no duty to defend or indemnify in a number of underlying matters concerning defendants’ alleged conduct related to their now- bankrupt company “uBiome.” Defendants move to dismiss the case for lack of subject matter jurisdiction. On the facts before me now, defendants appear to have been domiciled in Germany since before the start of this litigation and are therefore “stateless,” precluding the diversity jurisdiction upon which Evanston relies to bring its case. I therefore GRANT the motion to dismiss. I will allow leave to amend: Evanston went to a…