Lighthouse for the Blind and Visually Impaired v. Nova Casualty Company
- Yvonne Rogers
- 4:20-cv-09445
- U.S. District Court · Northern District of California
- 1
Lighthouse v. Nova: Judge Rogers remanded the case to Napa County Superior Court and denied defendants’ dismissal motion as moot.
Lighthouse for the Blind and Visually Impaired, Nova Casualty Company, Anthony DeCesare, and Steven Koski; the case was returned to Napa County Superior Court.
What happened
Lighthouse for the Blind and Visually Impaired v. Nova Casualty Company began in Napa County Superior Court and was later moved to federal court by Nova Casualty Company.
The plaintiff asked the federal court to send the case back, arguing that the parties did not have complete diversity. The defendants had separately asked the court to dismiss Anthony DeCesare and Steven Koski under the federal rule for failure to state a claim.
Judge Yvonne Gonzalez Rogers granted the plaintiff’s motion to remand and denied the defendants’ motion to dismiss as moot. The clerk was directed to return the case to Napa County Superior Court and close the federal file.
The detailed version
- Lighthouse for the Blind and Visually Impaired v. Nova Casualty Company · No. 4:20-cv-09445
- Yvonne Rogers
- Mar. 9, 2021
Background
Lighthouse for the Blind and Visually Impaired d/b/a Hanover Insurance Company filed the action in Napa County Superior Court on November 4, 2020. Nova Casualty Company d/b/a Hanover Insurance Group removed the case to federal court on December 30, 2020.
On January 6, 2021, Nova, Anthony DeCesare, and Steven Koski moved under Federal Rule of Civil Procedure 12(b)(6), which concerns whether a complaint states a legally sufficient claim, to dismiss DeCesare and Koski. On January 20, 2021, Lighthouse moved to remand, arguing that the federal court lacked complete diversity of citizenship.
Ruling
After considering the briefing and arguments presented at the March 2, 2021 hearing, the court granted Lighthouse’s motion to remand. The court also denied the defendants’ motion to dismiss as moot. In support of its ruling, the court stated that the defendants had not shown that there was no possibility that Lighthouse could assert a negligent-misrepresentation claim against Koski.
The clerk was directed to remand the case to Napa County Superior Court and close the federal file.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.