Tourigny

Tourigny v. Symantec Corp.

Caution
110 F. Supp. 3d 961·2015 WL 1886777·2015 U.S. Dist. LEXIS 54201
United States District Court, Northern District of CaliforniaApril 24, 2015Case No. 15-cv-00438 NCCalifornia1,983 words

Opinion

Lead Opinion

Cousins, J.

ORDER GRANTING MOTION TO REMAND

Before the Court is Tourigny’s motion to remand this action to state court. Because the Court agrees that the plain language and policy behind the local defendant rule bars Symantec from removing the case, *962 the Court GRANTS Tourigny’s motion to remand.

In November 2014, plaintiff Paul Tourig-ny sued Symantec Corporation in California Superior Court for age discrimination in violation of the California Fair Employment and Housing Act. In January 2015, after Tourigny notified Symantec of an error in the initial service of process, Sym-antec removed the case to federal court on the basis of diversity jurisdiction. However, removal on the basis of diversity jurisdiction is procedurally flawed when the defendant is “local,” meaning a citizen of the state in which it is sued. Symantec argues that removal is nonetheless proper because a local defendant is only barred from removing to federal court when it has been served.

All parties have consented to the jurisdiction of a magistrate judge. Dkt. Nos. 6, 10.

I. LEGAL STANDARD

Federal courts are courts of limited jurisdiction and are presumptively without jurisdiction. Kokkonen v. Guardian Life Ins.…

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