James Jenkins v. Eastern Capital Corp., Dba Fitness U.S.A. Health Spas

69 F.3d 544 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James JENKINS, Plaintiff-Appellant, v. EASTERN CAPITAL CORP., dba Fitness U.S.A. Health Spas, Defendant-Appellee. No. 94-15709. United States Court of Appeals, Ninth Circuit. Submitted Oct. 19, 1995. * Decided Oct. 31, 1995. 1 Before: SNEED, PREGERSON and FERNANDEZ, Circuit Judges 2 MEMORANDUM ** 3 James Jenkins appeals the district court's order granting summary judgment in favor of Eastern Capital Corp., Jenkins' former employer, on Jenkins' claims of breach of an implied employment contract and an implied covenant of good faith and fair dealing. The district court lacked jurisdiction, and we therefore vacate the judgment of the district court. 4 Jurisdiction in this matter is grounded exclusively in diversity because all of the causes of action in Jenkins' complaint were based on state law. Under 28 U.S.C. Sec. 1332 , diversity jurisdiction is established when each defendant is a citizen of a different state…