Shrestha v. Hertz Corporation, et al

Filing 41

ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR LACK OF FEDERAL JURISDICTION AND MODIFYING SCHEDULE FOR BRIEFING CAFA JURISDICTION. Signed by Judge Joseph C. Spero on October 16, 2015. (jcslc1, COURT STAFF) (Filed on 10/16/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KEWAL SHRESTHA,

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Case No. 15-cv-02998-JCS

Plaintiff,
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v.
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HERTZ CORPORATION, et al.,

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Defendants.

United States District Court
Northern District of California

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ORDER TO SHOW CAUSE WHY THIS
CASE SHOULD NOT BE DISMISSED
FOR LACK OF FEDERAL
JURISDICTION AND MODIFYING
SCHEDULE FOR BRIEFING CAFA
JURISDICTION

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At the October 16, 2015 hearing on Defendants’ motions to compel arbitration, the Court

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raised the question of whether this action satisfies the $5 million in controversy requirement under

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the Class Action Fairness Act (“CAFA”). The Court set a schedule for addressing this question

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after it issued its ruling on the pending motions.1 See Docket No. 40. On further consideration,

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the Court concludes that the question of federal jurisdiction must be resolved before it can rule on

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the pending motions. Accordingly, the Court’s oral ruling and minute order is modified as

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follows: No later than Friday, October 23, 2015, Hertz shall file a declaration providing an

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estimate of the number of its rental cars that have crossed the Golden Gate Bridge since the date

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when all cash lanes were eliminated, in the spring of 2013. Plaintiff, in turn, shall file a brief, not

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to exceed 10 (ten) pages, addressing the question of whether the amount-in-controversy

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requirement under CAFA is met in this case, not later than October 30, 2015. After the Court has

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In particular, the Court set the following schedule:
Within sixty (60) days of the decision on the Motion, Plaintiff shall
file a response to an Order to Show Cause why this case should not
be dismissed for lack of jurisdiction on CAFA. Any party may file a
response, within sixty (60) days to the Order to Show Cause.

Docket No. 40.

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determined whether there has been a sufficient showing to establish the existence of federal

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jurisdiction, it will rule on the pending motions.

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IT IS SO ORDERED.

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Dated: October 16, 2015

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______________________________________
JOSEPH C. SPERO
Chief Magistrate Judge

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United States District Court
Northern District of California

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