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