No. 19-802

David Ehrman v. Cox Communications, Inc., et al.

Lower Court: Ninth Circuit
Docketed: 2019-12-23
Status: Denied
Type: Paid
Experienced Counsel
Tags: citizenship-pleading civil-procedure diversity-jurisdiction domicile federal-jurisdiction notice-of-removal pleading pleading-standards procedural-requirements removal removal-procedure standing
Key Terms:
Jurisdiction ClassAction JusticiabilityDoctri
Latest Conference: 2020-03-27
Question Presented (AI Summary)

Is an allegation of an individual's state citizenship made solely on 'information and belief' sufficient to plead diversity of citizenship?

Question Presented (OCR Extract)

QUESTION PRESENTED Petitioner filed a complaint in California state court. Without taking discovery, Respondents filed a notice of removal and alleged federal jurisdiction based on diversity of citizenship. Respondents alleged Petitioner’s state citizenship based solely on “information and belief.” Respondents did not allege facts which, taken as true, would establish Petitioner’s state of domicile or United States citizenship. THE QUESTION PRESENTED Is: To plead diversity of citizenship, is an allegation of an individual’s state citizenship made solely on “information and belief” sufficient, or must a party allege facts which, taken as true, would establish an individual’s domicile in a state and United States citizenship? ii LIST OF

Docket Entries

2020-03-30
Petition DENIED.
2020-03-11
DISTRIBUTED for Conference of 3/27/2020.
2020-03-04
Reply of petitioner David Ehrman filed.
2020-02-21
Brief of respondents Cox Communications, Inc, et al. in opposition filed.
2020-01-14
Motion to extend the time to file a response is granted and the time is extended to and including February 21, 2020.
2020-01-09
Motion to extend the time to file a response from January 22, 2020 to February 21, 2020, submitted to The Clerk.
2019-12-16
Petition for a writ of certiorari filed. (Response due January 22, 2020)

Attorneys

Cox Communications, Inc, et al.
Katharine Tracy Van DusenCoblentz Patch Duffy & Bass LLP, Respondent
Katharine Tracy Van DusenCoblentz Patch Duffy & Bass LLP, Respondent
David Ehrman
Jamin Samuel SoderstromSoderstrom Law PC, Petitioner
Jamin Samuel SoderstromSoderstrom Law PC, Petitioner