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

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 19-55658 · judgment August 8, 2019

Certiorari denied · March 30, 2020
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

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?

Counsel of record

For petitioner
Jamin Samuel Soderstrom
Soderstrom Law PC

For respondent
Katharine Tracy Van Dusen
Coblentz Patch Duffy & Bass LLP

Case

Conference history
Distributed for 1 conference

Proceedings

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