Regis Hollinsworth v. Genesis Logistics, Inc. et al

Filing 18

ORDER TO SHOW CAUSE RE: AMOUNT IN CONTROVERSY by Judge Dean D. Pregerson.The parties are ordered to show cause why this action should not be dismissed for lack of subject matter jurisdiction. The parties are each ordered to file a brief, not to exceed five pages, within ten days of the date of this Order,showing why this action should not be dismissed for lack of subject matter jurisdiction. The parties shall also deliver a courtesy copy to chambers. (lc)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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REGIS HOLLINSWORTH, an
individual,

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Plaintiff,
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v.
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GENESIS LOGISTICS, INC., a
Delaware corporation,

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Defendant.
___________________________

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Case No. CV 15-04095 DDP (PJWx)

ORDER TO SHOW CAUSE RE: AMOUNT IN
CONTROVERSY

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The parties are ordered to show cause why this action should
not be dismissed for lack of subject matter jurisdiction.
District courts have diversity jurisdiction over all civil

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suits where the amount in controversy “exceeds the sum or value of

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

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of different States.”

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determines at any time that it lacks subject-matter jurisdiction,

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the court must dismiss the action.”

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28 U.S.C. § 1332(a).

“If the court

Fed. R. Civ. P. 12(h)(3).

Here, Plaintiff’s Complaint alleges that the amount sought

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“well exceeds $75,000.”

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allege what Plaintiff’s salary or rate of pay was, nor how long he

(Complaint ¶ 7.)

The Complaint does not

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worked as a misclassified employee.

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controversy is generally determined from the face of pleadings,

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such is only the case where the claim is made in good faith.

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Crum v. Circus Circus Enters., 231 F.3d 1129, 1131 (9th Cir. 2000).

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The court has some doubt whether this is the case here, and whether

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it can be determined to a legal certainty that Plaintiff’s claim is

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really for less than the jurisdictional amount.

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While the amount in

See

Accordingly, the parties are each ordered to file a brief, not
to exceed five pages, within ten days of the date of this Order,

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showing why this action should not be dismissed for lack of subject

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matter jurisdiction.

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

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Los Angeles.

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with this Order will be deemed consent to dismissal of this action.

The parties shall also deliver a courtesy

Plaintiff’s failure to file a brief in accordance

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IT IS SO ORDERED.

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Dated: September 24, 2015
DEAN D. PREGERSON
United States District Judge

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