Desh Mallik v. Greenlight Planet, Inc et al

Filing 19

(IN CHAMBERS) Order Remanding Action to State Court by Judge R. Gary Klausner. Upon review of Defendant's Notice of Removal, the Court hereby remands the action for lack of subject matter jurisdiction. REFER TO THE COURT'S ORDER FOR DETAILS. Case Terminated. Made JS-6 (pso)

JS-6

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

ED CV 17-01150-RGK (KKx)

Title

DESH MALLIK v. GREENLIGHT PLANET, INC.

Present: The
Honorable

Date

July 25, 2017

R. GARY KLAUSNER, U.S. DISTRICT JUDGE

Sharon L. Williams (Not Present)

Not Reported

Deputy Clerk

Court Reporter / Recorder

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not Present

Not Present

Proceedings:

(IN CHAMBERS) Order Remanding Action to State Court

On May 5, 2017, Desh Mallik (“Plaintiff”), filed suit against employer Greenlight Planet,
Inc. (“Defendant”). In his Complaint, Plaintiff asserts state common law claims and statutory
claims under the California Labor Code. On June 13, 2017, Defendant removed the action to this
Court alleging diversity of citizenship. Upon review of Defendant’s Notice of Removal, the
Court hereby remands the action for lack of subject matter jurisdiction.
Pursuant to 28 U.S.C. § 1332, district courts shall have original jurisdiction over any civil
action in which the parties are citizens of different states and the action involves an amount in
controversy that exceeds $75,000. After a plaintiff files a case in state court, the defendant
attempting to remove the case to federal court bears the burden of proving the amount in
controversy requirement has been met. Lowdermilk v. United States Bank Nat’l Ass’n, 479 F.3d
994, 998 (9th Cir. 2007). Defendant adequately shows that the parties are citizens of different
states. However, Defendant fails with respect to the amount in controversy.
In its Notice of Removal, Defendant states only that the amount in controversy exceeds
$75,000 because Plaintiff asserts nine claims that allegedly give rise to compensatory and
punitive damages, civil and statutory penalties, restitution and disgorgement, and attorney’s fees
and costs. This statement is too conclusory and speculative to satisfy Defendant’s burden of
showing the jurisdictional requirement by a preponderance of the evidence.

CV-90 (10/08)

CIVIL MINUTES - GENERAL

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JS-6

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

ED CV 17-01150-RGK (KKx)

Date

Title

July 25, 2017

DESH MALLIK v. GREENLIGHT PLANET, INC.

In light of the foregoing, the action is hereby remanded to state court for all further
proceedings.
IT IS SO ORDERED.

:
Initials of Preparer

CV-90 (10/08)

CIVIL MINUTES - GENERAL

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