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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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HUGO RAMIREZ-DUENAS, as an
individual and on behalf of all others
similarly situated,

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ORDER GRANTING PLAINTIFF’S
MOTION TO REMAND

Plaintiff,

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CASE NO. 1:17-CV-0161-AWI-SAB

(Doc. 8).
v.
VF OUTDOOR, LLC, a Delaware limited
liability company; and DOES 1 through 100,

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Defendant.
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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
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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.
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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.
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IT IS SO ORDERED.

8 Dated: June 27, 2017

SENIOR DISTRICT JUDGE

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