Cecil Dale Ray v. General Motors LLC

Summary

The court denies Plaintiff Cecil Dale Ray’s motion to remand an action against General Motors LLC and Doe defendants. The court concludes that the notice of removal plausibly establishes diversity jurisdiction, including an amount in controversy exceeding $75,000, and that removal was not untimely because the complaint did not affirmatively reveal the facts necessary for federal jurisdiction.

Holdings

1. The Notice of Removal included a plausible allegation that the amount in controversy exceeds the $75,000 jurisdictional threshold where Defendant calculated actual damages of $42,812.81 plus civil penalties of $96,274.80, totaling $139,087.61.
2. Removal was timely because the Complaint did not affirmatively reveal on its face the facts necessary for federal court jurisdiction, so the first 30-day removal clock under § 1446(b)(1) was not triggered. Defendant was not required to remove within 30 days of service when the Complaint did not disclose the amount in controversy or citizenship facts.
3. The mere assertion of an MMWA claim in the Complaint was not sufficient to trigger the 30-day deadline because the Complaint did not allege facts sufficient to establish the amount in controversy required for MMWA jurisdiction ($50,000).

Questions Presented

1. Whether the Notice of Removal plausibly alleged diversity jurisdiction exists
2. Whether removal was timely under 28 U.S.C. § 1446(b)
3. Whether Plaintiff is entitled to attorneys' fees for the motion to remand

Disposition

other