Universal Surety Co. v. Lescher & Mahoney, Architect & Engineers

OPINION and ORDER

MUECKE, District Judge.

Defendant Del E. Webb Corporation has moved to dismiss on the basis that defendant, “Maricopa County, Arizona, a body politic,” as an arm of the State is entitled to a state’s Eleventh Amendment protection and is, therefore, not a citizen for diversity, thereby leaving this Court without jurisdiction.

Defendant Del E. Webb Corporation relies in part on brief statements in two Ninth Circuit cases, one finding that a Los Angeles school district is a part of the state government and, therefore, not a citizen for diversity, Lowe v. Manhattan Beach City…