Gerald Blakeney v. Miles Kristopher Shipps
2:25-cv-02254
C.D. Cal.Apr 29, 2025Background:
- Plaintiff Gerald Blakeney sued Miles Christopher Shipps and Walmart, Inc. in Los Angeles County Superior Court for injuries alleged from a vehicle accident involving Shipps, who was acting in the course of employment for Walmart.
- Plaintiff served the First Amended Complaint on Walmart in August 2024 and claimed over $1.5 million in damages.
- Walmart removed the case to federal court, asserting diversity jurisdiction because they claimed Shipps was a Michigan citizen and timely removed after entry of default against Shipps.
- Plaintiff moved to remand, arguing that both he and Shipps are California citizens, defeating diversity jurisdiction under 28 U.S.C. § 1332.
- Evidence showed Shipps had a California driver’s license and vehicle registration, but had provided a Michigan address for service by mail.
- The Court considered the parties’ evidence regarding Shipps’ domicile and resolved the motion without oral argument.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether diversity jurisdiction exists (Shipps' citizenship) | Shipps is a California citizen based on license, vehicle registration, and statements. | Shipps is a Michigan citizen due to mail address, prior voter registration, and Michigan records. | No diversity: Shipps is deemed a California citizen. |
| Effect of service at Michigan address | Service at Michigan address was for mailing only; does not establish domicile. | Service at Michigan address is a judicial admission of Michigan residence. | Mailing address alone does not prove domicile. |
| Reliability of defendant’s evidence | Michigan-related records outdated or unreliable; recent evidence shows California ties. | LexisNexis and Michigan records show Shipps linked to Michigan. | California driver’s license and registration more persuasive. |
| Timeliness of removal | Not contested due to lack of subject matter jurisdiction. | Removal timely within 30 days of service. | Not reached; jurisdictional defect is determinative. |
Key Cases Cited
- Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375 (federal courts are courts of limited jurisdiction)
- Kanter v. Warner-Lambert Co., 265 F.3d 853 (domicile determines citizenship for diversity)
- Lew v. Moss, 797 F.2d 747 (factors relevant to determining domicile)
- Gaus v. Miles, Inc., 980 F.2d 564 (removing defendant bears burden to establish jurisdiction)