Don't Tread on Us, LLC v. Twitter, Inc.

1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 DON'T TREAD ON US, LLC, Case No. 23-cv-02461-JD

5 Plaintiff,

ORDER RE REMAND

v. 6

7 TWITTER INC., Defendant. 8

9 10 Plaintiff Don’t Tread on Us, LLC (DTOU) sued defendant Twitter, Inc., for an alleged 11 breach of contract after Twitter declined to restore its accounts pursuant to an “amnesty” policy. 12 See Dkt. No. 1-1 ¶¶ 1, 24. DTOU originally sued in Florida state court. Twitter removed the 13 action to a federal court in Florida that subsequently transferred it to this Court. DTOU asks to 14 remand the case back to Florida state court and for an award of attorney’s fees incurred in 15 connection with the removal. Dkt. No. 35. The case was removed without jurisdiction, and is 16 remanded to state court. 28 U.S.C. § 1447(c). The request for fees is denied. 17 The reason for the remand is straightforward. Twitter alleged federal subject matter 18 jurisdiction for removal purposes solely on the basis of diversity of citizenship. See Dkt. No. 1 at 19 2 (citing 28 U.S.C. § 1332(a)). As the Court…