Evans v. Costco Wholesale Corporation, 18-cv-00960-SI. (2018)
Court: District Court, N.D. California
Number: infdco20180807d06
Visitors: 11
Filed: Aug. 06, 2018
Latest Update: Aug. 06, 2018
Summary: ORDER GRANTING PLAINTIFF'S UNOPPOSED MOTION TO AMEND COMPLAINT Re: Dkt. No. 26 SUSAN ILLSTON , District Judge . Plaintiff has filed an administrative motion to amend the complaint to add a defendant. Dkt. No. 26. Defendant Costco Wholesale Corporation ("Costco") has filed a notice of non-opposition. Dkt. No. 27. The Court GRANTS the motion for leave to amend the complaint. The Court notes, however, that adding proposed defendant Avery Lim may destroy diversity jurisdiction. Plaintiff ini
Summary: ORDER GRANTING PLAINTIFF'S UNOPPOSED MOTION TO AMEND COMPLAINT Re: Dkt. No. 26 SUSAN ILLSTON , District Judge . Plaintiff has filed an administrative motion to amend the complaint to add a defendant. Dkt. No. 26. Defendant Costco Wholesale Corporation ("Costco") has filed a notice of non-opposition. Dkt. No. 27. The Court GRANTS the motion for leave to amend the complaint. The Court notes, however, that adding proposed defendant Avery Lim may destroy diversity jurisdiction. Plaintiff init..
More
ORDER GRANTING PLAINTIFF'S UNOPPOSED MOTION TO AMEND COMPLAINT Re: Dkt. No. 26
SUSAN ILLSTON, District Judge.
Plaintiff has filed an administrative motion to amend the complaint to add a defendant. Dkt. No. 26. Defendant Costco Wholesale Corporation ("Costco") has filed a notice of non-opposition. Dkt. No. 27. The Court GRANTS the motion for leave to amend the complaint.
The Court notes, however, that adding proposed defendant Avery Lim may destroy diversity jurisdiction. Plaintiff initially filed this case in Contra Costa County Superior Court, and Costco removed the case to this Court on the basis of diversity jurisdiction. Dkt. No. 1. The proposed amended complaint that plaintiff attaches to her administrative motion alleges that plaintiff and Mr. Lim are both citizens of California. See Dkt. No. 26-1, Coll Decl., Ex. B ¶¶ 1, 3. The parties shall be prepared to address this issue at the upcoming status conference, set for August 17, 2018, and in the joint case management statement, due to the Court one week prior to the status conference.
IT IS SO ORDERED.
Source: Leagle
