Ward v. Equilon Enterprises LLC et al
Filing
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ORDER DISCHARGING 17 Order to Show Cause (vrwlc1, COURT STAFF) (Filed on 2/3/2010)
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. / IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
No
C 09-4565 VRW ORDER
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. On
January 8, 2010, the court ordered defendants to show cause why the case should not be remanded, as defendants had not shown by a preponderance of the evidence that the amount in controversy requirement was satisfied. Doc #17.
Defendants' response to the order asserts that at the time of removal the amount in controversy exceeded one million dollars. Doc #18 at 3. In support, defendants cite to the
declaration of Jeff Bullen, the Risk & Insurance Advisor for defendant Shell Oil Company. Doc #19. The Bullen declaration
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
states "the amount of worker's compensation insurance benefits that Zurich had paid to Mr Ward as of [September 2, 2009] * * * totaled $1,003,257 in benefits (lost wages, medical bills, and the like) plus an additional $160,991 in expenses." Id at ¶ 5. Plaintiff's
complaint seeks, among other things, medical expenses and lost wages. Doc #1 at 8. It is thus fair to conclude that $1,003,257
Zurich has paid to Mr Ward to cover "lost wages, medical bills, and the like" represents at least a portion of the amount in controversy. Defendants' response is sufficient for the court to conclude by a preponderance of the evidence that the amount in controversy exceeds $75,000. Accordingly, pursuant to 28 USC §
1332, the court will exercise jurisdiction over the case and the order to show cause, Doc #17, is DISCHARGED.
IT IS SO ORDERED.
VAUGHN R WALKER United States District Chief Judge
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