Funes v. Instagram, Inc et al

Filing 30

ORDER REQUIRING FURTHER BRIEFING (whalc2, COURT STAFF) (Filed on 5/14/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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LUCY RODRIGUEZ, individually, and on
behalf of all others similarly situated,
Plaintiff,

For the Northern District of California

United States District Court

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v.

ORDER REQUIRING FURTHER
BRIEFING

INSTAGRAM, LLC,
Defendant.
/

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No. C 12-06482 WHA

In this putative class action, defendant Instagram, LLC, filed a motion to dismiss.

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Defendant’s motion contends that plaintiff has not adequately pled CAFA jurisdiction (Mot. at

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15 n.7). Plaintiff has not alleged any basis for federal subject-matter jurisdiction other than

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CAFA. In her opposition, plaintiff does not address the requirement of diversity of the parties.

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Both parties must submit supplemental briefs, which should focus on whether plaintiff’s

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complaint has adequately alleged jurisdiction under CAFA, which requires minimum diversity

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(at least one member of the plaintiff class and one defendant must be diverse) and provides that a

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district court shall decline to exercise jurisdiction where “two-thirds or more of the members of

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all proposed plaintiff classes in the aggregate, and the primary defendants, are citizens of the

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State in which the action was originally filed.” 28 U.S.C. 1332(d)(2), 1332(d)(4) . The briefs

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must be filed by 8 A.M. ON WEDNESDAY, MAY 15.

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Dated: May 14, 2013.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE