Colbert

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ELEANOR COLBERT, Case No. 25-cv-09311-JST

Plaintiff,

ORDER REMANDING CASE

v.

TESLA, INC., et al., Defendants.

12 In its order to show cause as to why this case should not be remanded, the Court explained why it believed Defendant Tesla, Inc.’s removal of this case was improper. ECF No. 13. Tesla contends that the Court has diversity jurisdiction under 28 U.S.C. § 1332. It asserts that the individual Defendants’ citizenship—which it does not dispute is the same as Plaintiff Eleanor Colbert’s citizenship and would therefore deprive the Court of jurisdiction if it were considered— should be disregarded because those Defendants had not been served at the time of removal. The Court explained that, while 28 U.S.C. § 1441(b)(2) might not prevent removal in a case involving a forum-based defendant if that defendant had not yet been served, that did not mean that the citizenship of that defendant is not considered when determining whether diversity jurisdiction exists.…