Ramirez-Duenas v. VF Outdoor, LLC

Filing 20

ORDER GRANTING Plaintiff's 8 Motion to Remand, signed by District Judge Anthony W. Ishii on 6/27/17. Copy of remand order sent to Tulare County Superior Courtother court. CASE CLOSED. (Marrujo, C)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 HUGO RAMIREZ-DUENAS, as an individual and on behalf of all others similarly situated, 16 ORDER GRANTING PLAINTIFF’S MOTION TO REMAND Plaintiff, 14 15 CASE NO. 1:17-CV-0161-AWI-SAB (Doc. 8). v. VF OUTDOOR, LLC, a Delaware limited liability company; and DOES 1 through 100, 17 Defendant. 18 19 On April 24, 2017, this Court found that Defendant VF Outdoor, LLC (“Defendant”) had 20 not made an adequate showing of amount in controversy to establish subject matter jurisdiction 21 pursuant to the Class Action Fairness Act (“CAFA”). The Court explained that Defendant’s 22 assumed violation rate was without evidentiary support and afforded Defendant an opportunity to 23 make the requisite showing. The Court required Defendant to give “notice of intent to file 24 supplemental briefing and evidence or notice of intent not to do so within fourteen days of the 25 date of th[at] order.” Doc. 14 at 11. The Court indicated that it would allow sixty days from the 26 date of the order for additional briefing and submission of evidence if Defendant indicated its 27 intent to file such additional briefing and evidence. Id. Otherwise, the action would be remanded. 28 Id. Defendant, represented by Ogletree, Deakins, Nash, Smoak & Steward, PC, gave “notice of 1 1 … intent to submit such additional briefing.” Doc. 15 at 2. The court day after that the additional 2 briefing was due, Defendant gave notice that it did not intend to submit additional briefing or 3 evidence. Doc. 19. 4 In light of Defendant’s failure to make the requisite showing to establish subject matter 5 jurisdiction, this action is REMANDED to the Tulare County Superior Court. 6 7 IT IS SO ORDERED. 8 Dated: June 27, 2017 SENIOR DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?