Davison Design & Development Inc. et al v. Riley

Filing 132

ORDER to show cause re amount in controversy. Signed by Judge Hamilton on 07/12/2012. (pjhlc2, COURT STAFF) (Filed on 7/12/2012)

1
2
3

UNITED STATES DISTRICT COURT

4

NORTHERN DISTRICT OF CALIFORNIA

5
6
7

DAVISON DESIGN & DEVELOPMENT
INC., et al.,

8
Plaintiff(s),

No. C 11-2970 PJH

9
v.
11
For the Northern District of California

United States District Court

10
CATHY RILEY, et al.,

12

ORDER TO SHOW CAUSE
RE AMOUNT IN CONTROVERSY

Defendant(s).
_______________________________/

13
Defendant and counter-claimant Cathy Riley (“defendant”) has, in her counter-

14
15

claims, been inconsistent as to the amount of damages that are at issue. Specifically, the

16

court notes that, in her original counter-claims, defendant alleged $71,000 in damages.

17

See Dkt. 24 at 23. Then, in defendant’s first amended counter-claims, $78,000 in damages

18

were alleged. See Dkt. 27 at 24. Finally, in the now-operative second amended counter-

19

claims, defendant alleges $60,000 in damages. See Dkt. 74 at 24. As such, the court finds

20

that there is ambiguity as to the amount in controversy, and orders defendant to submit a

21

declaration as to the true amount in controversy, the basis for that amount, and the reason

22

for the inconsistency in her pleadings. Defendant shall file the declaration by July 27,

23

2012.

24
25
26
27
28

IT IS SO ORDERED.
Dated: July 12, 2012
______________________________
PHYLLIS J. HAMILTON
United States District Judge