Dickerson v. Marshalls, Inc.

Background

Dominic Dickerson filed an action in Santa Clara County Superior Court. On July 3, 2025, Marshalls of CA, LLC removed the case to the U.S. District Court for the Northern District of California. The notice of removal stated that removal was proper based on diversity jurisdiction, which generally requires that the opposing parties be citizens of different states and that the amount in dispute meet the statutory requirement.

The notice identified the citizenship of Dickerson and Marshalls of CA, LLC. But Dickerson’s state-court complaint also named three non-Doe defendants: Marshalls, Inc.; Marshalls of San Jose; and “Marshalls Department stores of California.” The notice did not provide information about the citizenship of those defendants. Although the notice described Marshalls of CA, LLC as having been sued erroneously as “Marshalls, Inc.,” it did not address the other two named defendants or their citizenship.

Court’s Action

The court stated that federal district courts must ensure they have subject-matter jurisdiction, meaning legal authority to hear a case. Because the available information did not show whether complete diversity existed among all parties, the court ordered Marshalls of CA, LLC to show cause by July 15, 2025. The company must provide the citizenship of all named defendants to establish diversity jurisdiction.

Dickerson may file a response by July 22, 2025. The order did not decide the merits of Dickerson’s claims or determine that diversity jurisdiction exists.