Simmons

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

MARIE TERESA SIMMONS,

Case No. 19-cv-04802-EJD Plaintiff, ORDER GRANTING PLAINTIFF'S v. MOTION TO REMAND 10 FORD MOTOR COMPANY, et al., Re: Dkt. No. 14 11 Defendants.

Plaintiff alleges various state-law causes of actions against Defendants Ford Motor Company (“Ford”) and Mossy Ford, Inc. (“Mossy”). Defendants contend that they properly removed this action from state court to federal court and that this Court has jurisdiction pursuant to 28 U.S.C. § 1332. Plaintiff disagrees and moves to remand the case, arguing that Defendant Mossy destroys diversity. In response, Defendant Ford claims that Defendant Mossy is a sham defendant and thus removal is proper. The Court disagrees. Because dismissing Mossy is improper, complete diversity does not exist among the parties and the Court lacks jurisdiction. Newman-Green, Inc. v. Alfonzo-Larrain, 490 U.S. 826, 829 (1989).…