Atneosen

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 STEVEN ATNEOSEN, et al., Case No. 21-cv-05250-DMR

Plaintiffs,

ORDER ON MOTION TO REMAND

v. Re: Dkt. No. 11 XPT, INC., et al., Defendants.

Plaintiffs Steven Atneosen and Amer Akhtar filed this breach of contract and employment discrimination case on March 22, 2021 in Santa Clara County Superior Court against Defendants XPT, Inc., XPT Limited, NIO USA, Inc., and NIO Inc. XPT Limited removed the action on the basis of diversity jurisdiction, asserting that there is complete diversity between the parties because XPT, Inc. and NIO USA, Inc. were fraudulently joined in the case. [Docket No. 1 (Notice of Removal, “NOR”).] Plaintiffs now move to remand the action. [Docket No. 11.] This matter is suitable for determination without oral argument. Civil L.R. 7-1(b). For the following reasons, the motion to remand is granted. I. BACKGROUND Plaintiffs make the following allegations in the complaint: Defendant NIO Inc. is an electric vehicle…