Valdez v. Apollo Group, Inc. et al

Filing 10

ORDER Denying 8 Motion to Remand, by Judge Richard P. Matsch on 11/1/2011.(rpmcd)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Civil Action No. 11-cv-02483-RPM BENJAMIN VALDEZ, Plaintiff, v. APOLLO GROUP, INC., an Arizona corporation, INSIGHT SCHOOLS, INC., an Oregon corporation d/b/a Insight School of Colorado and Insight School Colorado at Julesburg, now a subsidiary of Iowa College Acquisition Corp., a Delaware corporation, in turn a subsidiary of Kaplan Higher Education Corporation, a Delaware corporation, ____________________________________________________________________________________ ORDER DENYING MOTION TO REMAND ____________________________________________________________________________________ On September 21, 2011, defendants Insight Schools, Inc. and Insight School Colorado at Julesburg filed a notice of removal based on diversity jurisdiction under 28 U.S.C.§ 1332. The notice included a notice of consent by Apollo Group Inc. Thus all defendants have removed this civil action. The plaintiff filed a motion to remand on October 7, 2011, asserting that the defendants have failed to establish the amount in controversy as exceeding $75,000.00 dollars. The defendants filed their opposition on October 31, 2011. The plaintiff’s motion to remand equivocates and does not explicitly concede that the plaintiff is not seeking more than $75,000.00 dollars in this case. Accordingly, it is ORDERED that the motion to remand is denied. DATED: November 1st , 2011 BY THE COURT: s/Richard P. Matsch _________________________________ Richard P. Matsch, Senior District Judge

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