Kristofer Nash v. Orbital ATK et al

Filing 11

MINUTE ORDER IN CHAMBERS by Judge R. Gary Klausner remanding case to Los Angeles County Superior Court, Case number BC679694. Case Terminated. Made JS-6. (mrgo)

JS-6

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV17-08281-RGK (MRWx)

Title

NASH v. ORBITAL ATK, et al

Present: The
Honorable

Date

November 21, 2017

R. GARY KLAUSNER, U.S. DISTRICT JUDGE

Sharon L. Williams (Not Present)

Not Reported

Deputy Clerk

Court Reporter / Recorder

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not Present

Not Present

Proceedings:

(IN CHAMBERS) Order Remanding Action to State Court

On October 13, 2017, Kristofer Nash (“Plaintiff”) filed suit against Orbital ATK (“Defendant”).
In his Complaint, Plaintiff asserts state claims for wrongful termination and discrimination on the basis
of race. On November 14, 2017, Defendant removed the action to this Court alleging diversity of
citizenship. Upon review of Defendant’s Notice of Removal, the Court hereby remands the action for
lack of subject matter jurisdiction.
Pursuant to 28 U.S.C. § 1332, district courts shall have original jurisdiction over any civil action
in which the parties are citizens of different states and the action involves an amount in controversy that
exceeds $75,000. After a plaintiff files a case in state court, the defendant attempting to remove the case
to federal court bears the burden of proving the amount in controversy requirement has been met.
Lowdermilk v. United States Bank Nat’l Ass’n, 479 F.3d 994, 998 (9th Cir. 2007). Defendant adequately
shows that the parties are citizens of different states. However, Defendant attempts to show that the
amount in controversy exceeds $75,000, but does not succeed on the facts alleged.
To support its removal of the action, Defendant primarily relies on a settlement demand made by
Plaintiff for $195,000. The Ninth Circuit has held that a settlement letter is relevant evidence of the
amount in controversy, for purposes of diversity jurisdiction, but only if appears to reflect a reasonable
estimate of the plaintiff’s claim. Cohn v. Petsmart, Inc., 281 F.3d 837, 840 (9th Cir. 2002). Here, as
Defendant points out, the Complaint alleges that Plaintiff was earning $54,000 per year at the time of his
termination, on July 12, 2017. Defendant also points out that Plaintiff further seeks lost benefits, future
wages, emotional distress damages, punitive damages, and attorney’s fees. As to lost benefits, no
evidence has been introduced. Moreover, at this stage of litigation, future wages and emotional distress
damages are too speculative absent further facts. So too are punitive damages and attorney’s fees.1 In
1

As to attorney’s fees, district courts within the Ninth Circuit are split with respect to including
prospective attorneys’ fees in the amount in controversy, and some courts have declined to do so. See,
e.g., MIC Philberts Invs.v. Am. Cas. Co of Reading, Pa., 2012 WL 2118239 at *5 (E.D. Cal. June 11,
CV-90 (10/08)

CIVIL MINUTES - GENERAL

Page 1 of 2

JS-6

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV17-08281-RGK (MRWx)

Title

Date

November 21, 2017

NASH v. ORBITAL ATK, et al

light of Plaintiff’s most recent annual earnings and the speculative nature of the remaining amounts, the
Court finds that the settlement demand does not reflect a reasonable estimate of Plaintiff’s claim.
In light of the foregoing, the action is hereby remanded to state court for all further proceedings.

IT IS SO ORDERED.

:
Initials of Preparer

2012). In those cases, the courts have found that attorneys’ fees are in the control of the client and
counsel and may be avoided or accrue over years, depending on legal strategy. See Grieff v. Brigandi
Coin Co., 2014 WL 2608209 at *3 (W.D. Wash. June 11, 2014). The Court finds those holdings wellreasoned and finds that prospective attorneys’ fees are too speculative for inclusion into amount in
controversy.
CV-90 (10/08)

CIVIL MINUTES - GENERAL

Page 2 of 2