Edwin Dizon v. Ryder Integrated Logistics, Inc. et al

Filing 17

MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE REGARDING SUBJECT MATTER JURISDICTION by Judge John W. Holcomb. The Court hereby ORDERS as follows: 1. Both parties are DIRECTED to file, no later than January 27, 2023, simultaneous supplemental memoranda ( including supporting evidence, to the extent necessary) explaining whether this Court has subject matter jurisdiction over the instant action. 2. An in-person hearing on this Order to Show Cause is SET for February 10, 2023, at 9:00 a.m. 3. The Scheduling Conference is CONTINUED to February 10, 2023, at 9:00 a.m. IT IS SO ORDERED. (rolm)

Case 8:22-cv-02011-JWH-ADS Document 17 Filed 01/17/23 Page 1 of 2 Page ID #:128

Case 8:22-cv-02011-JWH-ADS Document 17 Filed 01/17/23 Page 2 of 2 Page ID #:129

Here, Ryder Integrated Logistics contends that the amount in controversy is
met, based upon a calculation that assumes that Dizon will remain unemployed and
will claim back wages for the weeks that he did not work. 3 In the Joint Rule 26(f)
Report, however, Dizon asserts that “[f]ollowing [his] termination on July 23,
2021, Plaintiff was able to gain some subsequent employment, earning a total of
approximately $51,069.92.” 4 As a result, and subtracting out those subsequent
earnings, Dizon claims that he has merely “suffered a total loss of earnings of at
least $23,693.08 and continuing, not including benefits, bonuses, raises, and
vacation pay.” 5
In view of the Court’s concerns that it lacks subject matter jurisdiction over
the instant action, the Court concludes that it would be an inefficient use of judicial
resources to adjudicate the instant action any further without firmly establishing
that removal was both substantively proper under 28 U.S.C. § 1332 and
procedurally correct under 28 U.S.C. § 1446.
Therefore, on its own motion, the Court hereby ORDERS as follows:
1.
Both parties are DIRECTED to file, no later than January 27, 2023,
simultaneous supplemental memoranda (including supporting evidence, to the
extent necessary) explaining whether this Court has subject matter jurisdiction
over the instant action.
2.
An in-person hearing on this Order to Show Cause is SET for
February 10, 2023, at 9:00 a.m.
3.
The Scheduling Conference is CONTINUED to February 10, 2023,
at 9:00 a.m.
IT IS SO ORDERED.

3

Id. at ¶ 25.

4

Joint Rule 26(f) Report [ECF No. 14] 9:14-15.

5

Id. at 9:17-19.
Page 2 of 2

CIVIL MINUTES—
GENERAL

Initials of Deputy Clerk cla