Nancy Paley v. Saks and Company LLC, et al.

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 Defendant has established by a preponderance of the evidence that the amount in controversy exceeds $75,000 for diversity jurisdiction and warns that failure to respond timely and adequately will result in remand.

Holdings

1. A federal district court must examine its subject matter jurisdiction sua sponte and is presumed to lack jurisdiction unless jurisdiction affirmatively appears from the record.
2. The Notice of Removal did not presently demonstrate by a preponderance of the evidence that the amount in controversy exceeds $75,000, so the parties were required to show cause why the action should not be remanded.

Questions Presented

1. Whether the Notice of Removal adequately established federal diversity jurisdiction under 28 U.S.C. § 1332(a), particularly whether the amount in controversy exceeds $75,000.
2. Whether the action should be remanded for lack of subject matter jurisdiction.

Disposition

other