Michael Costello v. First Source, LLC et al

Filing 16

MEMORANDUM (IN CHAMBERS) by Judge Dale S. Fischer: denying 9 MOTION to Remand Case to State Court (shb)

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA MEMORANDUM Case No. Title Date CV 15-3263 DSF (MRWx) 6/29/15 Michael Costello v. First Source, LLC Present: The Honorable DALE S. FISCHER, United States District Judge Debra Plato Deputy Clerk Not Present Court Reporter Attorneys Present for Plaintiffs: Attorneys Present for Defendants: Not Present Not Present Proceedings: (In Chambers) Order DENYING Motion to Remand (Dkt. No. 9) The Court finds that Defendant has established by a preponderance of the evidence that the amount in controversy exceeds $75,000. While the amount in controversy from past wage and benefit losses only totals slightly less than $35,000, the complaint demands damages from future lost earnings and physical and emotional distress, as well as punitive damages, a $10,000 penalty, and attorney’s fees. These other items more likely than not cause the total amount in controversy to exceed the jurisdictional minimum The motion to remand is DENIED. IT IS SO ORDERED. CV-90 (12/02) MEMORANDUM Page 1 of 1

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