Manuel Avila et al v. Pizza Hut of Southeast Kansas Inc et al

Filing 22

ORDER TO SHOW CAUSE re: Subject Matter Jurisdiction (IN CHAMBERS) by Judge Jesus G. Bernal. Response to Order to Show Cause due by 1/13/2014. (See document for specifics) (adu)

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

Date

EDCV 13-01168-JGB (SPx)

January 2, 2014

Title Manuel Avila, et al. v. Pizza Hut of Southeast Kansas, Inc., et al.

Present: The Honorable

JESUS G. BERNAL, UNITED STATES DISTRICT JUDGE

MAYNOR GALVEZ

Not Reported

Deputy Clerk

Court Reporter

Attorney(s) Present for Plaintiff(s):

Attorney(s) Present for Defendant(s):

None Present

None Present

Proceedings:

ORDER To Show Cause re: Subject Matter Jurisdiction (IN CHAMBERS)

On December 13, 2013, the Court remanded the related action in O’Brien v. Pizza Hut of
Southeast Kansas, Inc., Case No. 5:13-cv-1602-JGB-SP, Doc. No. 37 (C.D. Cal Dec. 13, 2013),
finding that Defendant failed to establish its burden of demonstrating by a preponderance of the
evidence that the jurisdictional amount in controversy exceeded $5,000,000, as required by the
Class Action Fairness Act. Defendant admits that this action is related to O’Brien and covers a
similar class of employees, over a similar time period, and based on “virtually identical” causes
of action. (Doc. No. 6.) Moreover, Defendant admits that “since the Avila and O’Brien actions
allege virtually identical claims . . . if ‘heard by different judges’ the litigation of such cases
would necessarily ‘entail substantial duplication of [judicial] labor.’” (Id. at 3) Due to the
Court’s remand of the O’Brien action and Defendant’s recognition in the duplication of
discovery and judicial resources, the Court ORDERS Defendant to show cause in writing no
later than January 13, 2014 why this action should not be dismissed for lack of subject matter
jurisdiction and remanded to state court for consideration with O’Brien.

IT IS SO ORDERED.

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CIVIL MINUTES—GENERAL

Initials of Deputy Clerk vp for MG