CAROLINA CAS. INS. CO. v. TEAM EQUIPMENT, INC.

Nos. 12-56203, 12-56235.

741 F.3d 1082 (2014)

CAROLINA CASUALTY INSURANCE CO., an Iowa corporation, Plaintiff-Appellant, v. TEAM EQUIPMENT, INC., a California corporation; Bell Hop Cleaners of California, Inc., a New Mexico corporation; Gamet Enterprises, LLC, a New Mexico limited liability company; U.S. Dry Cleaning Services Corp., a Delaware corporation, DBA U.S. Dry Cleaning Corporation; Steam Press Holdings, Inc., a Hawaii corporation, DBA Young Laundry and Dry Cleaning; Cleaners Club Acquisitions, Inc., a California corporation, DBA Boston Cleaners; USDCC CVR Merger Sub, LLC, a California limited liability company, DBA Roadrunner Cleaners; USDC Portsmouth, Inc., a California corporation; USDC Tuchman Indiana, Inc., a California corporation; USDC Fresno, Inc., a California corporation; USDC Fresno 2, Inc., a California corporation; Timothy Denari, an individual; Riaz Chatauni, an individual; Robert Y. Lee, an individual, AKA Robbie Lee; Martin Brill, an individual; Michael Drace, an individual; Kim COX, an individual; Earl Greenberg, an individual; Anthony J.A. Bryan, an individual, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 4, 2014.


Attorney(s) appearing for the Case

James K. Thurston , Melissa A. Murphy-Petros (argued), Wilson Elser Moskowitz Edelman & Dicker LLP, Chicago, IL, for Plaintiff-Appellant.

Jonathan B. Sokol , Los Angeles, CA, for Defendant-Appellee Team Equipment, Inc.

Before: RAYMOND C. FISHER and RICHARD R. CLIFTON, Circuit Judges, and JAMES K. SINGLETON, Senior District Judge.


OPINION

CLIFTON, Circuit Judge:

This appeal concerns the sufficiency of allegations required to plead diversity jurisdiction under 28 U.S.C. § 1332. Plaintiff-Appellant Carolina Casualty Insurance Co. ("Carolina") filed suit asserting federal jurisdiction based on diversity and thus bore the burden of establishing the diversity. Before the complaint was served, the district court dismissed it without leave to amend because Carolina had failed to allege...

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