Kiang

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JASON KIANG, Case No. 3:23-cv-04861-JSC

Plaintiff,

ORDER DENYING MOTION TO

v. REMAND

NATIONWIDE LIFE AND ANNUITY Re: Dkt. No.

INSURANCE COMPANY,

11 Defendant.

12 Jason Kiang filed this case in state court against two defendants: Nationwide Life and Annuity Insurance Company (“Nationwide”), a diverse defendant, and the Commissioner of the California Department of Insurance, an in-state Defendant. Nationwide removed this case, asserting the in-state Defendant was fraudulently joined. The Court found Plaintiff has some possibility of stating a viable claim against the in-state Defendant and granted Plaintiff’s first motion to remand. Back in state court, Nationwide moved to sever Plaintiff’s claim against the in-state Defendant from Plaintiff’s claim against Nationwide. The state court severed that claim, leaving Nationwide as the only defendant in this case. Nationwide again removed the case to federal court, and…