Fry

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ADAM FRY, No. 2:22-cv-01201-DAD-JDP 12 Plaintiff, 13 v. ORDER GRANTING PLANTIFF’S MOTION

TO REMAND THIS ACTION AND

14 NAVISTAR, INC., et al., DENYING AS MOOT DEFENDANT’S

MOTION TO DISMISS

15 Defendants. (Doc. Nos. 6, 7) 16 17 This matter is before the court on the plaintiff’s motion to remand this action to the Yolo 18 County Superior Court (Doc. No. 7) and defendant Navistar, Inc.’s motion to dismiss plaintiff’s 19 claims brought against defendant Jeffrey Dossey, who defendant Navistar contends was 20 fraudulently joined in this action to defeat diversity jurisdiction, (Doc. No. 8). The pending 21 motions were taken under submission on the papers on August 1, 2022.1 (Doc. No. 10.) For the 22 reasons explained below, plaintiff’s motion to remand will be granted and defendant’s motion to 23 dismiss will be denied as having been rendered moot. 24 BACKGROUND 25 On May 27, 2022, plaintiff Adam Fry filed a…