Terry Bjelajac v. Supervalu Inc.

Filing 27

MEMORANDUM (IN CHAMBERS) ORDER by Judge Dale S. Fischer: denying 22 Motion to Remand Case to State Court. (See order for details) (shb)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
MEMORANDUM

Case No.
Title

Date

SACV 14-1358 DSF (JEMx)

11/25/14

Terry Bjelajac v. Supervalu, 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 (Dkt. No. 22)

The motion to remand is DENIED as the Court finds by a preponderance of the
evidence that the amount in controversy exceeds $5,000,000. Plaintiff’s arguments are
not well-taken. The class definition in the complaint defines the class in terms of people
who worked in a particular district, not people who worked for a particular person.
Defendant claims that it has not directly employed any pharmacists in California during
the relevant class period, but that its subsidiaries did. Plaintiff attempts to exclude
subsidiary employees for the purposes of the amount in controversy, but he refuses to
state in any specific way which pharmacists he thinks were employed by Defendant.
Therefore, it is perfectly reasonable to include all pharmacists who might be part of the
controversy in the calculation of the amount in controversy.
IT IS SO ORDERED.

CV-90 (12/02)

MEMORANDUM

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