Nasrawi

MEMORANDUM DECISION RE: PLAINTIFFS’ RENEWED MOTION TO REMAND (Doc. 51.)

I. INTRODUCTION.

Before the court for decision is Plaintiffs’ renewed motion to remand the case to the Stanislaus County Superior Court, pursuant to 28 U.S.C. § 1447 (c). Plaintiffs previously moved to remand the action to state court, however, that motion was denied on grounds that Mr. Loeb was a “sham” defendant whose presence in the action did not defeat diversity jurisdiction. Plaintiffs subsequently filed a second amended complaint that includes, among other things, genuine factual content and a breach of fiduciary duty claim against Mr. Loeb. That pleading is the basis for the renewed motion.

Defendants oppose the renewed motion, arguing that Plaintiffs’ amended pleading does not resolve or otherwise improve on the original complaint.

II. BACKGROUND.

The procedural and factual background in this ease are summarized in the previous Memorandum Decisions, filed on May 12, 2010 and June 29, 2010, in brief: On October 8, 2009, Plaintiffs Dennis Nasrawi, Michael O’Neal, and Rhonda Biesemeir, California residents and beneficiaries of StanCERA, filed a complaint against a provider of actuarial services,…