GUNN v. UBER TECHNOLOGIES, INC. et al

Filing 5

ENTRY ON JURISDICTION - Therefore, the Plaintiff is ORDERED to file a Supplemental Jurisdictional Statement that establishes the Court's jurisdiction over this case. This statement should specifically identify the correct threshold amount in controversy required for a class action in federal court and the amount in controversy in this action. This statement also should identify the citizenship of Defendant Travis Kalanick. This Supplemental Jurisdictional Statement is due fourteen (14) days from the date of this Entry. Signed by Judge Tanya Walton Pratt on 7/8/2016.(JLS)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
ANGELA GUNN, individually and
on behalf of all others similarly situated,
Plaintiff,
v.
UBER TECHNOLOGIES, INC., and
TRAVIS KALANICK,
Defendants.

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No. 1:16-cv-01668-TWP-MJD

ENTRY ON JURISDICTION
It has come to the Court’s attention that the Plaintiff’s Class Action Complaint fails to
allege all of the facts necessary to determine whether this Court has subject matter jurisdiction
over this case. The Class Action Complaint alleges federal jurisdiction based upon diversity of
citizenship. However, the Class Action Complaint fails to sufficiently allege the amount in
controversy component for diversity jurisdiction in a class action. Additionally, the Class Action
Complaint fails to sufficiently allege the citizenship of Defendant Travis Kalanick. Citizenship is
the operative consideration for jurisdictional purposes. See Meyerson v. Harrah’s East Chicago
Casino, 299 F.3d 616, 617 (7th Cir. 2002) (“residence and citizenship are not synonyms and it is
the latter that matters for purposes of the diversity jurisdiction”).
The Class Action Complaint alleges “[t]he amount in controversy exceeds $75,000” (Filing
No. 1 at 4), but the amount in controversy in a class action must exceed “$5,000,000, exclusive of
interest and costs.” 28 U.S.C. § 1332(d)(2).

Additionally, the Class Action Complaint alleges that “Defendant Travis Kalanick is a
resident of California and is the CEO of Uber.” (Filing No. 1 at 4.) This allegation of residency is
not sufficient to allow the Court to determine whether diversity jurisdiction exists.
Therefore, the Plaintiff is ORDERED to file a Supplemental Jurisdictional Statement that
establishes the Court’s jurisdiction over this case. This statement should specifically identify the
correct threshold amount in controversy required for a class action in federal court and the amount
in controversy in this action. This statement also should identify the citizenship of Defendant
Travis Kalanick. This Supplemental Jurisdictional Statement is due fourteen (14) days from the
date of this Entry.
SO ORDERED.

Date: 7/8/2016

Distribution:
John Bruster Loyd
JONES GILLASPIA LOYD LLP
[e-mail]

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