Eugene Lewis v. FCA US LLC et al

Filing 19

(IN CHAMBERS) ORDER TO SHOW CAUSE RE: REMAND by Judge Fernando M. Olguin. Response to Order to Show Cause due by 2/21/2018. (vdr)

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

ED CV 18-0146 FMO (KKx)

Title

Eugene Lewis v. FCA US LLC, et al.

Present: The Honorable

Date

February 7, 2018

Fernando M. Olguin, United States District Judge

Vanessa Figueroa

None

None

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorney Present for Plaintiff(s):

Attorney Present for Defendant(s):

None Present

None Present

Proceedings:

(In Chambers) Order to Show Cause Re: Remand

Jurisdiction in this case is asserted on the basis of the Class Action Fairness Act (“CAFA”),
28 U.S.C. § 1332(d). (See Dkt. 1, Notice of Removal (“NOR”) at ¶ 8). “CAFA provides expanded
original diversity jurisdiction for class actions meeting the amount in controversy and minimal
diversity and numerosity requirements set forth in 28 U.S.C. § 1332(d)(2).” United Steel, Paper
& Forestry, Rubber, Mfg., Energy, Allied Indus. & Serv. Workers Int’l Union, AFL-CIO, CLC v. Shell
Oil Co., 602 F.3d 1087, 1090-91 (9th Cir. 2010). Under that provision, “district courts shall have
original jurisdiction of any civil action in which the matter in controversy exceeds the sum or value
of $5,000,000, exclusive of interest and costs, and is a class action in which . . . any member of
a class of plaintiffs is a citizen of a State different from any defendant[.]” 28 U.S.C. § 1332(d)(2).
Having reviewed the NOR, the court questions whether the claims of the individual class
members exceed $5,000,000 in the aggregate. See 28 U.S.C. § 1332(d)(2); Dart Cherokee Basin
Operating Co., LLC v. Owens, 135 S.Ct. 547, 554 (2014) (“Evidence establishing the amount is
required . . . when the plaintiff contests, or the court questions, the defendant’s allegation.”). In
particular, the court questions defendant’s assumptions with respect to the overtime, meal period
and rest period claims. (See Dkt. 1, NOR at ¶¶ 31, 49, 56). Accordingly, IT IS ORDERED that:
1. No later than February 14, 2018, defendant shall show cause in writing why this action
should not be remanded for the reasons noted above. This deadline shall not extend the time for
responding to any motion for remand filed by plaintiffs. Failure to respond to the OSC by the
deadline set forth above shall be deemed as consent to the remand of the action to state
court.
2. Plaintiffs shall file a reply to defendant’s OSC response no later than February 21, 2018.
3. If plaintiffs wish to file a motion for remand, they must do so no later than February 21,
2018. See 28 U.S.C. § 1447(c).
4. A copy of all papers filed with the court shall be delivered to the drop box for Judge
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

ED CV 18-0146 FMO (KKx)

Date

Title

Eugene Lewis v. FCA US LLC, et al.

February 7, 2018

Olguin outside the Clerk’s Office, located on the fourth floor of the First Street Courthouse, no
later than 12:00 noon the following business day. All chambers copies shall comply fully with
the document formatting requirements of Local Rule 11-3, including the “backing” requirements
of Local Rule 11-3.5. Counsel may be subject to sanctions for failure to deliver a mandatory
chambers copy in full compliance with this Order and Local Rule 11-3.

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Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

:

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vdr

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