Albert Torres v. James Hardie Building Products Inc.

Filing 20

MINUTES (IN CHAMBERS) Order DENYING Motion to Remand; Order DENYING Motion to Dismiss (Dkt. Nos. 8, 12, 16) by Judge Dale S. Fischer: The motion for remand is DENIED. While the amount in the notice of removal is close to the $5,000,000 CAFA thre shold, Defendant's calculations are reasonable, if not conservative, and they are based on competent evidence. Defendant has demonstrated by a preponderance of the evidence that the amount in controversy is over the jurisdiction limit. The motion to dismiss is DENIED. Plaintiff has provided a short and plain statement that recites the acts at issue. That is all that is required. (bp)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
MEMORANDUM

Case No.
Title

Date

EDCV 16-138 DSF (KKx)

3/15/16

Albert Torres v. James Hardie Building Products, Inc.

Present: The
Honorable

DALE S. FISCHER, United States District Judge

Debra Plato
Deputy Clerk

Not Present
Court Reporter

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not Present

Not Present

Proceedings:

(In Chambers) Order DENYING Motion to Remand; Order
DENYING Motion to Dismiss (Dkt. Nos. 8, 12, 16)1

The motion for remand is DENIED. While the amount in the notice of removal is
close to the $5,000,000 CAFA threshold, Defendant’s calculations are reasonable, if not
conservative, and they are based on competent evidence. Defendant has demonstrated by
a preponderance of the evidence that the amount in controversy is over the jurisdictional
limit.
The motion to dismiss is DENIED. Plaintiff has provided a short and plain
statement that recites the acts at issue. That is all that is required.
IT IS SO ORDERED.

1

The Court deems this matter appropriate for decision without oral argument. See Fed. R. Civ.
P. 78; Local Rule 7-15. The hearing set for March 21, 2016 is removed from the Court’s
calendar.

CV-90 (12/02)

MEMORANDUM

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