De Laveaga Service Center, Inc. v. Nationwide Insurance Company

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 DE LAVEAGA SERVICE CENTER, INC., Case No. 21-cv-03389-BLF

Plaintiff,

ORDER DENYING MOTION TO

v. REMAND

NATIONWIDE INSURANCE COMPANY, [Re: ECF No. 20] et al., 11 Defendants. 12 Before the Court is Plaintiff De Laveaga Service Center, Inc.’s Motion to Remand. ECF No. 20 (“Motion” or “Mot.”). Plaintiff argues that this case should be remanded to the Superior Court of the State of California for the County of Santa Cruz because the Court lacks diversity jurisdiction over this case as Plaintiff and Defendant Stephen Rothhammer are both domiciled in California. Id. Defendants Nationwide Mutual Insurance Company (“Nationwide”) and AMCO Insurance Company (“AMCO”)1 oppose the Motion, arguing that the claims against Mr. Rothhammer—the only non-diverse defendant—are sham claims that should be disregarded in the diversity jurisdiction analysis. See ECF No. 22 (“Opp.”). The Court previously found this Motion …