From Casetext: Smarter Legal Research

Bicalho v. Lumbar Liquidators, Inc.

United States District Court, D. New Jersey
Dec 29, 2008
CIVIL ACTION NO. 08-5546 (MLC) (D.N.J. Dec. 29, 2008)

Opinion

CIVIL ACTION NO. 08-5546 (MLC).

December 29, 2008


MEMORANDUM OPINION


THE COURT ordering the parties to show cause why the action should not be remanded to state court for lack of jurisdiction under 28 U.S.C. § ("Section") 1332 (dkt. entry no. 3, Order to Show Cause); and the Court assuming that the parties are familiar with the contents of the Order to Show Cause (see id.); and

THE DEFENDANTS ASSERTING, in response to the Order to Show Cause, that "they submit to the Court's determination to remand the matter the [sic] Superior Court of New Jersey" (dkt. entry no. 5, Defs. Br. at 2); and the plaintiffs, in response to the Order to Show Cause, asserting in any event that jurisdiction under Section 1332 is now lacking because they have amended the complaint to add a defendant that is deemed to be a New Jersey citizen, and thus seemingly asserting that the plaintiffs are New Jersey citizens (dkt. entry no. 7, Am. Compl.; dkt. entry no. 8, Pls. Br. at 2-3), see Kabakjian v. United States, 267 F.3d 208, 212 (3d Cir. 2001); and THE COURT thus intending to (1) grant the order to show cause, and (2) remand the action to state court; and for good cause appearing, the Court will issue an appropriate order and judgment.


Summaries of

Bicalho v. Lumbar Liquidators, Inc.

United States District Court, D. New Jersey
Dec 29, 2008
CIVIL ACTION NO. 08-5546 (MLC) (D.N.J. Dec. 29, 2008)
Case details for

Bicalho v. Lumbar Liquidators, Inc.

Case Details

Full title:SERGIO BICALHO, et al., Plaintiffs, v. LUMBAR LIQUIDATORS, INC., et al.…

Court:United States District Court, D. New Jersey

Date published: Dec 29, 2008

Citations

CIVIL ACTION NO. 08-5546 (MLC) (D.N.J. Dec. 29, 2008)