Hartmann v. Costco Wholesale Corporation
ORDER OF REMAND. Since it appears that the district court lacks subject matter jurisdiction, the case shall be remanded. Signed by Judge Larry Alan Burns on 10/2/2017. (Certified copy mailed to state court)(lrf)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
CASE NO. 17cv1908-LAB (NLS)
ORDER OF REMAND
COSTCO WHOLESALE CORP.,
“If it is unclear what amount of damages the plaintiff has sought . . . then the
defendant bears the burden of actually proving the facts to support jurisdiction, including the
jurisdictional amount.” Gaus v. Miles, Inc., 980 F.2d 564, 566–67 (9th Cir. 1992). As in Gaus,
Costco only offered a conclusory allegation that based on the causes of action, it was likely
the amount in controversy would exceed $75,000. This type of bare allegation “neither
overcomes the strong presumption against removal jurisdiction, nor satisfies [defendants’]
burden of setting forth, in the removal petition itself, the underlying facts supporting its
assertion that the amount in controversy” is met. Id. 567. Since “it appears that the district
court lacks subject matter jurisdiction, the case shall be remanded.” 28 U.S.C. § 1447.
IT IS SO ORDERED.
Dated: October 2, 2017
HONORABLE LARRY ALAN BURNS
United States District Judge
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