King
King v. Praxair Distribution, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 TROY KING, Case No. 3:20-cv-07817-JD
Plaintiff,
ORDER RE MOTION TO DISMISS
v. 9 Re: Dkt. Nos. 5, 21 PRAXAIR DISTRIBUTION, INC., et al., Defendants.
12 Pro se plaintiff King filed a complaint alleging a variety of California state discrimination and retaliation claims related to the termination of his employment by defendant Praxair. Dkt. No. 1-1. Praxair removed the case from the California Superior Court on diversity jurisdiction grounds. Dkt. No. 1. The Court on its own motion directed defendants to clarify the citizenship of defendant Whaley to ensure that federal subject matter jurisdiction is present. Dkt. No. 32. Whaley responded with a declaration establishing state citizenship in Texas. See Dkt. No. 33-1. Consequently, plaintiff and defendants are completely diverse, and the case is properly before the Court. This order resolves Praxair’s motion to dismiss. Dkt. Nos. 5, 21. Praxair filed the same motion twice, apparently in response to the…