Nicholas Dominguez v. United Parcel Service, Inc.

Filing 17

ORDER by Judge Dale S. Fischer DENYING Motion to Remand (Dkt. #12 ). (jp)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

NICHOLAS DOMINGUEZ,
Plaintiff,
v.

2:24-cv-6549-DSF-ASx
Order DENYING Motion to
Remand (Dkt. 12)

UNITED PARCEL SERVICE,
INC.,
Defendant.

Plaintiff moves to remand this case, arguing that Defendant has
not established that the amount in controversy requirement is met for
diversity jurisdiction. The Court deems this matter appropriate for
decision without oral argument. See Fed. R. Civ. P. 78; Local Rule 715. The hearing set for September 30, 2024, is removed from the
Court’s calendar.
Plaintiff admits that, as of the time of removal, his past lost
wages were at least $62,557.00. Mot. at 4. In addition to lost wages,
Plaintiff demands attorney’s fees and costs under the California Labor
Code. See, e.g., Compl. ¶ 56. When a statute provides for fee shifting,
attorney’s fees are properly considered as part of the amount in
controversy. Galt G/S v. JSS Scandinavia, 142 F.3d 1150, 1156 (9th
Cir. 1998). Given Plaintiff’s past lost wages, a fee award of only
$12,444.00 would be required to reach a $75,001.00 judgment. This fee
amount would be met with only 50 hours billed at a modest $250 per

hour blended rate.1 Any case taken through trial will almost certainly
require more than 50 hours of attorney work. Therefore, even putting
aside any award for lost wages between removal and trial or any other
possible damages, the amount in controversy exceeds $75,000.00.
The motion to remand is DENIED.
IT IS SO ORDERED.

___________________________
Dale S. Fischer
United States District Judge

Date: September 24, 2024

This rate has been regularly requested for paralegals in recent fee
applications reviewed by the Court.

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