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)

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