Ellison et al v. Putzmeister America, Inc.
Filing
9
ORDER signed by Magistrate Judge Kimberly J. Mueller on 4/7/09 ORDERING that within 20 days, dfts shall SHOW CAUSE why this action should not be summarily remanded. (Engbretson, K.)
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006 ellison.osc
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA MICHAEL ELLISON, et al., Plaintiffs, vs. PUTZMEISTER AMERICAN, INC., et al., Defendants. / This action was removed from state court on the basis of diversity jurisdiction. In conclusory fashion, the removal petition alleges that the amount in controversy exceeds $75,000. However, the complaint alleges only that damages sought are in excess of $25,000. Moreover, it is not apparent from the face of the complaint that damages exceed the amount jurisdictionally required. See generally Singer v. State Farm Mut. Auto. Ins. Co., 116 F.3d 373 (9th Cir. 1997). Accordingly, IT IS HEREBYORDERED that within twenty days from the date of this order, defendants shall show cause why this action should not be summarily remanded. See 28 U.S.C. § 1446(c)(4). DATED: April 7, 2009. ORDER No. CIV S-09-791 MCE KJM PS
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