Chelsea Schreiber v. Iconma, LLC et al

Filing 38

ORDER by Judge Dale S. Fischer DENYING Motion to Remand (Dkt. No. #24 ). See Order for specifics. (jp)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

CHELSEA SCHREIBER,
Plaintiff,
v.

CV 20-7985 DSF (AGRx)
Order DENYING Motion to
Remand (Dkt. No. 24)

ICONMA, LLC, et al.,
Defendants.

Plaintiff Chelsea Schreiber moves for remand claiming that
Defendants have not adequately established that there is complete
diversity, that the amount in controversy exceeds $75,000, or that
removal was timely. The Court deems this matter appropriate for
decision without oral argument. See Fed. R. Civ. P. 78; Local Rule 715. The hearing set for November 23, 2020 is removed from the Court’s
calendar.
None of Plaintiff’s arguments has merit. The Court is satisfied that
there is complete diversity based on the papers filed in opposition to
this motion and Defendant’s response to the Court’s previous order to
show cause. Despite Plaintiff’s attempt to backtrack from her
admissions, Plaintiff’s own discovery responses confirm that more than
$75,000 is at stake. Even in the absence of Plaintiff’s admissions, the
Court is satisfied that the amount in controversy is more than $75,000
given her claims for past lost wages, potential lost wages up to trial,
potential punitive damages, and attorney’s fees. Removal was also
timely because the original complaint did not provide notice of the
amount in controversy, and the first “amended pleading, motion, order
or other paper” that gave notice that the case was removable was

Plaintiff’s response to interrogatories served on August 27, 2020. The
case was removed on September 1.
The motion to remand is DENIED.
IT IS SO ORDERED.

Date: November 17, 2020

___________________________
Dale S. Fischer
United States District Judge

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