Van Der Steen v. Sygen International, PLC

MEMORANDUM AND ORDER

Henricus Van Der Steen (“Plaintiff’) is a citizen of the Netherlands and a permanent resident alien domiciled in California. He filed suit in California state court against his former employer and related corporate entities. He asserts, among other claims, breach of contract. The case was removed to federal court on the basis of diversity jurisdiction. Now pending before the Court is Plaintiffs motion to remand.

Presently, the only defendants remaining in the suit are two alien corporations. The question presented by Plaintiffs motion is whether this Court has jurisdiction under the diversity statute, 28 U.S.C. § 1332 , over a suit solely between aliens, when one of the alien parties is a lawful permanent resident. Plaintiff argues that, because the case now involves only an alien plaintiff and alien defendants, this Court lacks constitutional authority to hear it. For the reasons set forth below, the Court agrees.

BACKGROUND

Plaintiff came to the United States from the Netherlands in 1998 as part of his job with Sygen International, Ltd. (“Sygen”). In 2001, he became a legal permanent resident. Thus, at the time he filed this lawsuit, Plaintiff was a…