The Regents of the University of California v. UnitedHealth Military and Veterans Services, LLC

JS-6

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

THE REGENTS OF THE CV 19-6190 DSF (MAAx)

UNIVERSITY OF CALIFORNIA,

Plaintiff, Order Remanding Case for Lack of Subject Matter Jurisdiction v.

UNITEDHEALTHCARE

MILITARY & VETERANS

SERVICES, LLC,

Defendant.

The Court previously issued an order to show cause why this case should not be dismissed for lack of diversity jurisdiction. Specifically, the Court suggested that Plaintiff The Regents of the University of California may be considered to be the State for the purposes of diversity. The Court has reviewed Defendant’s response, and, while a good effort, the response is ultimately not persuasive. The Regents of the University of California have been found to be an “arm” of the State of California for Eleventh Amendment purposes. See Doe v. Lawrence Livermore Nat’l Lab., 131 F.3d 836, 839 (9th Cir. 1997) (Eleventh Amendment analysis). While the Ninth Circuit has only stated, in dicta, that the Eleventh Amendment test and the diversity test are “similar,” Ronwin v. Shapiro, 657 F.2d 1071, 1073 (9th Cir. 1981), the Court sees no reason that the results of the two tests should…