Haas v. Management & Training Corporation et al

Filing 11

ORDER - that by October 25, 2010, Defendant Management & Training Corporation shall file an amended notice of removal properly alleging federal subject matter jurisdiction, or this case will be remanded for lack of federal subject matter jurisdiction. Signed by Judge James A Teilborg on 10/6/10. (KMG)

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Haas v. Management & Training Corporation et al Doc. 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WO IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) ) Plaintiff, ) ) vs. ) ) Management & Training Corp.; Claudia) ) Washburn, ) ) Defendants. ) ) Vivian Haas, No. CV 10-2043-PHX-JAT ORDER "Inquiring whether the court has jurisdiction is a federal judge's first duty in every case." Belleville Catering Co. v. Champaign Market Place, L.L.C., 350 F.3d 691, 693 (7th Cir. 2003). In this case, the notice of removal fails to sufficiently plead jurisdiction. See 28 U.S.C. 1332. Specifically, the notice of removal fails to prove an amount in controversy. "Where the complaint does not demand a dollar amount, the removing defendant bears the burden of proving by a preponderance of the evidence that the amount in controversy exceeds [$75,000]." Singer v. State Farm Mut. Auto. Ins. Co., 116 F.3d 373, 376 (9th Cir. 1997) (citing Sanchez v. Monumental Life Ins. Co., 102 F.3d 398, 404 (9th Cir. 1996)). Accordingly, IT IS ORDERED that by October 25, 2010, Defendant Management & Training Corporation shall file an amended notice of removal properly alleging federal subject matter Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 jurisdiction, or this case will be remanded for lack of federal subject matter jurisdiction.1 DATED this 6th day of October, 2010. The amended notice of removal must contain all jurisdictional allegations sufficient to plead jurisdiction in one document and should not anticipate that the Court will read any previous filings to assess jurisdiction. See Harris v. Bankers Life and Casualty Co., 425 F.3d 689, 695-96 (9th Cir. 2005); Valdez v. Allstate, 372 F.3d 1115, 1117 (9th Cir. 2004). -2- 1

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