Garcia-Acosta v. The TJX Companies, Inc.

Filing 9

ORDER TO SHOW CAUSE. Show Cause Response due by 4/10/2024. Responses due by 4/24/2024. Replies due by 5/1/2024. Signed by Magistrate Judge Nancy J. Koppe on 3/27/2024.igned by Magistrate Judge Nancy J. Koppe on 3/27/2024. (Copies have been distributed pursuant to the NEF - CT)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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LUZ GARCIA-ACOSTA,

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Plaintiff(s),

Order To Show Cause

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v.

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THE TJX COMPANIES, INC.,

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Case No. 2:24-cv-00427-NJK

Defendant(s).
Defendant removed this case on diversity jurisdiction grounds. Docket No. 1. The

11 complaint on its face does not show that more than $75,000 is in controversy, but Defendant notes
12 that Plaintiff has identified $24,328.87 in medical specials, see Docket No. 1-4 at 5, and made a
13 settlement demand of $125,000, see Docket No. 1-5 at 1. It is not clear that these circumstances
14 suffice to demonstrate that the amount in controversy exceeds $75,000. See, e.g., Randolph v.
15 Albertsons LLC, 2020 WL 7055894, at *2 (D. Nev. Dec. 2, 2020) (case involving $32,811.24 in
16 medical costs and a settlement demand of $164,800); Guerrero v. Panda Express, Inc., 2019 WL
17 1933751, at *2 (D. Nev. May 1, 2019) (case involving $17,651.92 in medical costs and a settlement
18 demand of $100,000); Cayer v. Vons Cos., 2017 WL 3115294, at *3-4 (D. Nev. July 21, 2017)
19 (case involving $40,054.76 in actual damages and a settlement demand of $1,000,000); Hanshew
20 v. Blazin Wings, Inc., 2016 WL 7489043, at *2 (D. Nev. Dec. 30, 2016) (case involving $41,537.41
21 in medical costs and lost wages, and a settlement demand of $325,000).
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Accordingly, Defendant is hereby ORDERED to show cause in writing, no later than April

23 10, 2024, why this case should not be remanded for lack of subject matter jurisdiction. Plaintiff
24 must file a response by April 24, 2024. Defendant may file a reply by May 1, 2024.
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IT IS SO ORDERED.

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Dated: March 27, 2024

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______________________________
Nancy J. Koppe
United States Magistrate Judge

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