Sofia Rebellon v. Dimension Development Corporation et al

Filing 12

ORDER TO SHOW CAUSE RE: AMOUNT IN CONTROVERSY by Judge Dean D. Pregerson.Defendants are ordered to file a brief, not to exceed ten pages, by Monday, October 21, 2013 showing a nonspeculative reason why this action should not be remanded for lack of subject matter jurisdiction. Defendants shall also deliver acourtesy copy to chambers. (lc)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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SOFIA REBELLON,

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Plaintiff,

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v.
DIMENSION DEVELOPMENT
CORPORATION, a Louisana
corporation; DIMENSION
DEVELOPMENT TWO, LLC, a
Louisiana Limited Liability
Company; TIMOTHY BRISTOL, an
individual,
Defendants.
___________________________

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Case No. CV 13-06243 DDP (JEMx)

ORDER TO SHOW CAUSE RE: AMOUNT IN
CONTROVERSY

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Defendants are ordered to show cause why this action should

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not be remanded for lack of subject matter jurisdiction.

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Defendants removed this employment action to this court on the

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basis of diversity jurisdiction.

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the amount in controversy in this matter exceeds $75,000, as is

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required to establish diversity jurisdiction under 28 U.S.C. §

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1332.

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It is not clear to the court that

Plaintiff’s complaint does not specify a particular amount of
damages.

Under such circumstances, Defendants bear the burden of

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establishing, by a preponderance of the evidence, that the amount

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in controversy exceeds the jurisdictional minimum.

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At&T Mobility Servs., LLC., – F.3d –, 2013 WL 4516757 at *6 (9th

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Cir. Aug. 27, 2013).

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prior earnings, that she will only claim approximately $33,000, far

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below the jurisdictional threshold.

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Defendants’ assertion that emotional damages, punitive damages, and

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attorney’s fees will exceed $75,000 is entirely speculative.

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Rodriguez v.

Defendants estimate, based upon Plaintiff’s

(Notice of Removal at 6.)

Accordingly, Defendants are ordered to file a brief, not to

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exceed ten pages, by Monday, October 21, 2013 showing a non-

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speculative reason why this action should not be remanded for lack

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of subject matter jurisdiction.

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courtesy copy to chambers, Room 244-J, Second Floor, 312 N. Spring

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Street, Los Angeles.

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this Order will be deemed consent to remand of this action.

Defendants shall also deliver a

Failure to file a brief in accordance with

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IT IS SO ORDERED.

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Dated: October 11, 2013
DEAN D. PREGERSON
United States District Judge

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