Reif v. Coca-Cola Refreshments USA, Inc.

Filing 15

ORDER signed by Judge John A. Mendez on 7/29/13 ORDERING the Court finds that the removing Defendant has not demonstrated by a preponderance of the evidence that the amount in controversy exceeds $75,000. As such, this Court lacks REMANDING CASE to Superior Court for Stanislaus County. Copy of remand order sent to other court. CASE CLOSED (Becknal, R)

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MAYALL HURLEY
A Professional Corporation
2453 Grand Canal Boulevard
Stockton, California 95207-8253
Telephone [phone]
NICHOLAS J. SCARDIGLI
CA State Bar No. 249947
JOHN P. BRISCOE
CA State Bar No. 273690
Attorneys for Plaintiff, STANLEY REIF

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STANLEY REIF,
Plaintiff,

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v.
COCA-COLA REFRESHMENTS USA,
INC., a corporation; and DOES 1-100,
inclusive;
Defendants.

Case No.: 2:13-CV-00666-JAM-AC
ORDER GRANTING PLAINTIFF’S
MOTION FOR REMAND TO STATE
COURT PURSUANT TO 28 USC § 1447
DATE: July 10, 2013
TIME: 9:30 a.m.
JUDGE: Hon. John A. Mendez
LOCATION: Courtroom 6, Fourteenth Floor

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On July 10, 2013, at 9:30 a.m., in Courtroom 6 of the above-titled Court, the Honorable

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John A. Mendez presiding, hearing was held on Plaintiff Stanley Reif’s motion for remand to

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state court, pursuant to 28 USC § 1447. John P. Briscoe appeared on behalf of the Plaintiff, and

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Barbara Blackburn appeared on behalf of Defendant BCI Coca-Cola Bottling Company of Los

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Angeles.

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Having read the moving papers, the opposition, the reply, and having heard argument of

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counsel, the Court finds that the removing Defendant has not demonstrated by a preponderance

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of the evidence that the amount in controversy exceeds $75,000. As such, this Court lacks

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Order Granting Motion for Remand to State Court Pursuant to 28 USC § 1447 –
Case No.: 2:13-cv-00666-JAM-AC
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diversity jurisdiction pursuant to 28 USC § 1332, and this case is hereby remanded to the

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Superior Court for Stanislaus County.

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IT IS SO ORDERED.

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DATED: 7/29/2013

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/s/ John A. Mendez_____________
United States District Court Judge

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Order Granting Motion for Remand to State Court Pursuant to 28 USC § 1447 –
Case No.: 2:13-cv-00666-JAM-AC
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