Daryl Smith v. Navajo Express, Inc et al

Filing 16

ORDER GRANTING MOTION TO REMAND AS UNOPPOSED 11 by Judge Otis D. Wright, II: Case Remanded to San Bernardino Superior Court, No. CIVD S1616212. MD JS-6. Case Terminated. (lc)

JS-6

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United States District Court
Central District of California

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DARYL SMITH, individually and on

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Case № 5:16-cv-02359-ODW (DTB)

behalf of all others similarly situated,
Plaintiff,

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v.

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ORDER GRANTING MOTION TO

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NAVAJO EXPRESS, INC., a Colorado

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corporation; and DOES 1-100,

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Defendants.

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REMAND AS UNOPPOSED [11]

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On December 12, 2016, Plaintiff filed a motion seeking to remand this class

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action to the Superior Court of California, County of San Bernardino based on

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Defendant’s failure to prove that the amount in controversy exceeds five million

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dollars. (ECF No. 11.) After being granted a continuance, Defendant filed a notice of

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non-opposition to the motion on January 9, 2017. (ECF Nos. 13–14.) Accordingly,

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the Court GRANTS the motion and remands the case to the Superior Court for further

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proceedings.

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IT IS SO ORDERED.
January 10, 2017

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____________________________________
OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE

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