Fry
Fry v. Navistar, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ADAM FRY, No. 2:22-cv-01201-DAD-JDP Plaintiff, v. ORDER GRANTING PLANTIFF’S MOTION
TO REMAND THIS ACTION AND
NAVISTAR, INC., et al., DENYING AS MOOT DEFENDANT’S
MOTION TO DISMISS
Defendants. (Doc. Nos. 6, 7) 16 This matter is before the court on the plaintiff’s motion to remand this action to the Yolo County Superior Court (Doc. No. 7) and defendant Navistar, Inc.’s motion to dismiss plaintiff’s claims brought against defendant Jeffrey Dossey, who defendant Navistar contends was fraudulently joined in this action to defeat diversity jurisdiction, (Doc. No. 8). The pending motions were taken under submission on the papers on August 1, 2022. (Doc. No. 10.) For the reasons explained below, plaintiff’s motion to remand will be granted and defendant’s motion to dismiss will be denied as having been rendered moot. BACKGROUND On May 27, 2022, plaintiff Adam Fry filed a…