A and A Quality Appliance, Inc. v. Gray Television Group, Inc.

Filing 7

ORDER REMANDING CASE. This action is REMANDED to the Denver District Court, by Judge Marcia S. Krieger on 09/07/2011. (wjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Honorable Marcia S. Krieger
Civil Action No. 11-cv-02294-MSK
A AND A QUALITY APPLIANCE, INC., d/b/a Applicance Factory Outlet,
Plaintiff,
v.
GRAY TELEVISION GROUP, INC., d/b/a KKCO-TV,
Defendant.

ORDER REMANDING CASE

THIS MATTER comes before the Court sua sponte.
The Plaintiff commenced this action in the Denver District Court. In its Complaint, the
Plaintiff did not request any particular monetary relief.
In the Notice of Removal, the Defendant asserts that this Court can exercise jurisdiction
based upon diversity pursuant to 28 U.S.C.§ 1332. The Defendants rely primarily upon the
Plaintiff’s election in the mandatory Colorado Civil Cover Sheet stating: “This party is seeking a
monetary judgment for more than $100,000 against another party, including any attorney fees,
penalties or punitive damages, but excluding interest and costs[.]” The Complaint does not state
the amount claimed by the Plaintiff and there is no allegation that is reasonably understood as
quantifying the amount in dispute.
In accordance with the analysis set forth in Baker v. Sears Holding Corp., 557 F. Supp.
2d 1208 (D. Colo. 2007), there has been an insufficient showing of the requisite amount in
controversy to establish diversity jurisdiction. Accordingly, the action must be remanded to the

State Court. See 28 U.S.C. § 1447(c).
IT IS THEREFORE ORDERED that this action is REMANDED to the Denver
District Court.
DATED this 7th day of September, 2011.
BY THE COURT:

Marcia S. Krieger
United States District Judge

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