Ward v. Equilon Enterprises LLC et al

Filing 17

ORDER TO SHOW CAUSE why the action should not be remanded to superior court. Show Cause Response due by 1/15/2010.. Signed by Judge Walker on January 8, 2010. (vrwlc1, COURT STAFF) (Filed on 1/8/2010)

1 2 3 4 5 6 7 8 9 United United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 KENT WARD, Plaintiff, v EQUILON ENTERPRISES LLC and SHELL OIL PRODUCTS COMPANY LLC, Defendant. / No C 09-4565 VRW ORDER IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Defendants removed this action from Contra Costa County superior court on September 28, 2009, alleging the court had diversity jurisdiction pursuant to 28 USC § 1332. Doc #1.

Defendants allege they are "informed and believe[]" that the amount in controversy exceeds $75,000 as required by section 1332(a). at 2 ¶4. The complaint seeks an unspecified amount in damages Doc #1 at 8. Id

"according to proof."

A defendant removing under section 1332 must show by a preponderance of the evidence that the amount in controversy requirement is satisfied. 1117 (9th Cir 2004). Valdez v Allstate Ins Co, 372 F3d 1115,

Allegations based on information and belief

1 2 3 4 5 6 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

"hardly constitute[] proof `by a preponderance of the evidence.'" Id. Defendants here have not yet shown by a preponderance of the evidence that the amount in controversy requirement is satisfied. Accordingly, defendants are ORDERED to SHOW CAUSE in

writing on or before January 15, 2010 why the case should not be remanded to Contra Costa County superior court. submitted on the papers. The matter will be

IT IS SO ORDERED.

VAUGHN R WALKER United States District Chief Judge

2