Westcott Enterprises, Inc. v. Federal Mutual Insurance Company
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 WESTCOTT ENTERPRISES, INC. Case No.: 20cv7-LAB (BGS)
Plaintiff,
ORDER DENYING MOTIONS TO
v. DISMISS; AND
FEDERATED MUTUAL
ORDER OF REMAND
INSURANCE COMPANY, et al. 15 Defendants. [DOCKET NUMBERS 3, 5, 15.]
17 18 Defendant Federated Mutual Insurance Company removed this action from state court, relying on diversity jurisdiction. Although Defendants Brian Faulstich and Rebecca Stoody are not diverse, Federated argued they were fraudulently joined. Federated then filed a motion to dismiss (Docket no. 3). Carrying out its obligation to confirm its own jurisdiction, see United Investors Life Ins. Co. v. Waddell & Reed Inc., 360 F.3d 960, 966 (9th Cir. 2004), the Court issued an order to show cause why the action should not be remanded for lack of jurisdiction. (Docket no. 4). Plaintiff Westcott Enterprises, Inc. also moved to remand. (Docket no. 5.) Federated filed its response to the Court’s order to show cause,…