Donald v. Xanitos, Inc.

Filing 28

ORDER REQUESTING SUPPLEMENTAL BRIEFING REGARDING 22 PLAINTIFF'S MOTION FOR LEAVE TO AMEND. By April 8, 2015, the parties shall file supplemental briefs, not to exceed five pages each, addressing whether this Court would have subject matter jurisdiction over this matter pursuant to CAFA if there is no diversity jurisdiction. The hearing on Donalds motion for leave to amend remains set for April 15, 2015. (jmdS, COURT STAFF) (Filed on 4/1/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PAULA DONALD,

Case No. 14-cv-05416-WHO

Plaintiff,
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v.
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XANITOS, INC.,
Defendant.

ORDER REQUESTING
SUPPLEMENTAL BRIEFING
REGARDING PLAINTIFF’S MOTION
FOR LEAVE TO AMEND
Re: Dkt. No. 22

United States District Court
Northern District of California

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This order concerns plaintiff Paula Donald’s motion for leave to amend, currently set for

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hearing on April 15, 2015. Dkt. No. 22. In her reply in support of the motion, Donald asserts that

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even if diversity jurisdiction is eliminated, subject matter jurisdiction “may” still exist under the

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Class Action Fairness Act (“CAFA”). Dkt. No. 27 at 8-9. Because this issue was not raised until

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Donald’s reply, defendant Xanitos, Inc. has not had an opportunity to address it. Accordingly, by

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April 8, 2015, the parties shall file supplemental briefs, not to exceed five pages each, addressing

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whether this Court would have subject matter jurisdiction over this matter pursuant to CAFA if

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there is no diversity jurisdiction. The hearing on Donald’s motion for leave to amend remains set

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for April 15, 2015.

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IT IS SO ORDERED.
Dated: April 1, 2015
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WILLIAM H. ORRICK
United States District Judge