Environmental Research Center, Inc. v. Premier Health, LLC

Good Law
United States District Court, Northern District of CaliforniaSeptember 14, 20213:21-cv-06509California413 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 ENVIRONMENTAL RESEARCH Case No. 21-cv-06509-MMC

CENTER, INC.,

8 Plaintiff, ORDER DIRECTING DEFENDANT TO SHOW CAUSE WHY ACTION v. SHOULD NOT BE REMANDED

PREMIER HEALTH, LLC,

11 Defendant.

12 Before the Court is the Notice of Removal, filed August 23, 2021, by defendant Premier Health, LLC (“Premier”). The Court notes, however, there is a preliminary issue of subject matter jurisdiction. In particular, although Premier asserts diversity jurisdiction exists over plaintiff’s claims, Premier’s allegations as to diversity of citizenship are, as discussed below, insufficient. In the complaint, filed in state court on July 12, 2021, plaintiff asserts state law claims arising from Premier’s alleged failure to warn consumers of the presence of lead in its nutritional health product. Premier, in removing the case to federal court, states “complete diversity of citizenship exists between [p]laintiff . . . and…

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