Bennett, D.D.S. v. Ohio National Life Assurance Corporation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MARK BENNETT, D.D.S., Case No. 19-cv-05774-DMR

Plaintiff,

ORDER ON MOTION TO REMAND

v. AND MOTION TO DISMISS

OHIO NATONAL LIFE ASSURANCE Re: Dkt. Nos. 9, 14 CORPORATION, et al., 11 Defendants. 12 Plaintiff Mark Bennett, D.D.S., filed this disability insurance action in Marin County Superior Court against Defendants Ohio National Life Assurance Corporation (“Ohio National”) and Mitchell & Mitchell Insurance Agency, Inc. (“Mitchell”). Ohio National removed the action on the basis of diversity jurisdiction, asserting that there is complete diversity between the parties because Mitchell was fraudulently joined in the case. [Docket No. 1 (Notice of Removal) 6-10.] Bennett now moves to remand the action. [Docket No. 9.] Mitchell moves pursuant to Federal Rule of Civil Procedure 12(b)(6) to dismiss the complaint against Mitchell. [Docket No. 14.] This matter is suitable for determination without oral argument. Civil L.R. 7-1(b). For the …