Summary
The United States District Court for the Central District of California orders the parties to show cause why the action should not be remanded for lack of subject-matter jurisdiction. The court questions whether the notice of removal establishes by a preponderance of the evidence that the amount in controversy exceeds $75,000 and directs the parties to respond in writing within fourteen days.
Holdings
- The Notice of Removal did not presently demonstrate by a preponderance of the evidence that the amount in controversy exceeds $75,000, so the court required Defendant to provide further support for federal jurisdiction.
- The court did not yet order remand; instead, it ordered the parties to show cause in writing within fourteen days why remand should not occur and warned that Defendant's failure to respond adequately would result in remand.
Questions Presented
- Whether the Notice of Removal adequately established diversity subject matter jurisdiction by demonstrating that the amount in controversy exceeds $75,000.
- Whether the parties should be ordered to show cause why the action should not be remanded for lack of subject matter jurisdiction.
Disposition
other
Cases Cited (6)
- Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994)(followed)
- DaimlerChrysler Corp. v. Cuno, 547 U.S. 332, 342 n. 3 (2006)(followed)
- Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 583 (1999)(followed)
- Dart Cherokee Basin Operating Co. v. Owens, 574 U.S. 81, 88–89 (2014)(followed)
- Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992)(followed)
- Leite v. Crane Co., 749 F.3d 1117, 1122 (9th Cir. 2014)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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