Summary
The United States District Court for the Southern District of California denied Paul C. Enright’s motion to remand his employment-law action against Centene Management Company, LLC to state court. The court held that diversity jurisdiction existed because the amount in controversy exceeded $75,000 and the parties were completely diverse, and it denied the related motion to stay as moot.
Holdings
- The amount in controversy exceeded $75,000 because the complaint's allegations of more than three years of lost wages, bonuses, benefits, and other compensation, combined with its other damages requests, made the jurisdictional amount facially apparent; the removal petition independently supported that amount.
- Complete diversity existed because Plaintiff was a California citizen and the defendant LLCs' citizenship, determined through their membership layers, was Delaware and Missouri rather than California.
- The motion to remand was denied because the court possessed original diversity jurisdiction over the action and removal was proper.
- The motion to stay was denied as moot because the court resolved the remand motion.
Questions Presented
- Whether the amount in controversy exceeded $75,000 for purposes of diversity jurisdiction.
- Whether the parties were completely diverse for purposes of diversity jurisdiction.
- Whether the removed action should be remanded to state court.
- Whether Plaintiff's motion to stay should be granted while the remand motion was pending.
Disposition
other
Cases Cited (8)
- Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992)(followed)
- Singer v. State Farm Mut. Auto. Ins. Co., 116 F.3d 373, 377 (9th Cir. 1997)(followed)
- Owen Equip. & Erection Co. v. Kroger, 437 U.S. 365, 373 (1978)(followed)
- Lew v. Moss, 797 F.2d 747, 749-50 (9th Cir. 1986)(followed)
- Hertz Corp. v. Friend, 559 U.S. 77, 88 (2010)(followed)
- Johnson v. Columbia Props. Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006)(followed)
- Traeger Grills E., LLC v. Traeger Pellet Grills, LLC, No. 11-cv-0536-AC, 2011 WL 115439330, at *3 (D. Or. Nov. 9, 2011)(followed)
- Mason & Dixon Intermodal, Inc. v. Lapmaster Int'l LLC, 632 F.3d 1056, 1060 (9th Cir. 2011)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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