"... Plaintiff DCA and Intervenor-Defendant ZACR are both foreign citizens. See Cheng v. Boeing Co., 708 F.2d 1406, 1412 (9th Cir. 1983) (holding “[d]iversity jurisdiction does not encompass foreign plaintiffs suing foreign defendants”); Faysound, Ltd. v. United Coconut Chems., Inc., 878 F.2d 290, 294–95 (9th Cir. 1989) (holding the presence of citizen defendant does not save diversity jurisdiction as to alien co-defendant in action brought by alien plaintiff because diversity must be complete); Nike, Inc. v. Comercial Iberica De Exclusivas Deportivas, S.A., 20 F.3d 987, 991 (9th Cir. 1994). As the Court has already found that ZACR is entitled to intervene as a matter of right, if ZACR is considered an indispensable party, ZACR’s presence would destroy complete diversity .... the Court finds that ZACR is an indispensable party. As a nondiverse, indispensable party, ZACR destroys diversity jurisdiction, and remand of this action to state court is proper ..."--U.S. District Court, October 19, 2016 (emphasis added)Ironically, this could be a BIG win for the plaintiff DCA (DotConnectAfrica Trust). Unlike U.S. federal courts where unanimous jury verdicts are required, in a California civil case, it only takes 9 of the 12 jurors to agree on a verdict (source pdf). The U.S. District Court Judge had previously assigned this case to a (10-12 days) jury trial beginning February 28, 2017. See Scheduling Order (pdf).
For more background on this case on Domain Mondo, see: New gTLD AFRICA Appeal: DCA Trust Answering Brief vs ICANN & ZACR, which has links to the other previous Domain Mondo posts.
Complete U.S. District Court ruling (pdf) embedded below (highlighting added):
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