Ondrea Tye v. Jeanette Runyon

Filing 10

ORDER TO SHOW CAUSE RE: AMOUNT IN CONTROVERSY by Judge Dean D. Pregerson: Plaintiff to file a brief, not to exceed five pages, within 10 days of the date of this order, showing cause why this action should not be remanded for lack of jurisdiction. Plaintiff should also deliver a courtesy copy to chambers. (lc). Modified on 10/16/2014. (lc).

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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ONDREA TYE, an individual,

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Plaintiff,
v.
JEANETTE RUNYON, an
individual,

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Defendant.
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Case No. CV 14-06160 DDP (JCx)
ORDER TO SHOW CAUSE RE: AMOUNT IN
CONTROVERSY

Plaintiff Ondrea Tye is ordered to show cause why this action

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should not be dismissed for lack of subject matter jurisdiction.

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Plaintiff filed this action to this Court on the basis of diversity

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jurisdiction. District courts have original jurisdiction over “all

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civil actions where the matter in controversy exceeds the sum or

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value of $75,000, exclusive of interest and costs, and is between

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citizens of different States.” 28 U.S.C. § 1332(a). Plaintiff has

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not shown that the amount in controversy exceeds the sum or value

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of $75,000.

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Plaintiff relies on the conclusory statement that the amount

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of controversy exceeds $75,000 exclusive of interest and costs. In

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Plaintiff’s prayer for relief, Plaintiff seeks “monetary damages in

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excess of $75,000 or according to proof.” (Compl. p. 18.)

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court finds no indication that this action will meet the amount in

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controversy. “[I]f, from the face of the pleadings, it is apparent,

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to a legal certainty, that the plaintiff cannot recover the amount

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claimed . . . the suit will be dismissed.” St. Paul Mercury Indem.

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Co. v. Red Cab Co., 303 U.S. 283, 289 (1938). From the face of the

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complaint, the Court does not understand how the plaintiff’s

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damages will exceed $75,000.

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Accordingly, the Court orders Plaintiff to file a brief, not

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to exceed five pages, within 10 days of the date of this order,

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showing cause why this action should not be remanded for lack of

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jurisdiction.

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chambers, Room 244-J, Second Floor, 312 N. Spring Street, Los

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Angeles. The Court will regard any failure to file an explanatory

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brief as consent to remand this matter.

Plaintiff should also deliver a courtesy copy to

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IT IS SO ORDERED.

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Dated: October 16, 2014
DEAN D. PREGERSON
United States District Judge

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