Simeon v. Domino's Pizza, LLC

Filing 26

MEMORANDUM AND ORDER: Consistent with the Court's findings on the record, Plaintiffs 16 motion to remand is denied. The case was properly removed and properly remains. The Court is satisfied that Defendant has shown a basis for federal jurisdiction under the Class Action Fairness Act beyond a mere preponderance of the evidence. SO Ordered by Judge Raymond J. Dearie on 5/9/2018. (Ramesar, Thameera)

, F'LEd

IN CLERK'S OFFICE
US DISTRICT COURT E.D.N.Y
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

A

5

MAY 1 0 2018

X

BROOKLYN OFFICE

PETER SIMEON,individually and on
behalf of all others similarly situated,

MEMORANDUM & ORDER

Plaintiff,

17 CV 5550(RJD)
(ST)

- against DOMINOS PIZZA,LLC,
Defendant.
X

DEARIE,District Judge

Plaintiff, Peter Simeon, originally filed this class action in New York State Supreme

Court, Kings County, on August 30, 2017. Defendant removed the case on September 21,2017,

pursuant to the Class Action Fairness Act("CAFA"). 28 U.S.C. §§ 1332,1446. Relying
primarily on Plaintiff's waiver of his right to bring a class action lawsuit. Plaintiff now moves to
remand the action to New York State Supreme Court. Specifically, Plaintiff suggests that the
class action waiver means Defendant fails as a matter oflaw to plausibly establish the class

action requirements for CAFA jurisdiction, emphasizing also that not all ofthe claims are class
claims. Further, Plaintiff challenges the calculation of class damages and argues that, contrary to

Defendant's position, damages would not exceed the five million dollar threshold for CAFA.
Defendant, on the other hand, maintains that this is a putative class action withi the
wi in

meaning of CAFA because the class consists of more than 100 persons, minimal divebsity exists
(Plaintiff is a citizen of New York, while Defendant is incorporated in Michigan), and
amount in controversy requirement, exceeding five million dollars, is satisfied.

the

Consistent with the Court's findings on the record, Plaintiffs motion to rem^d is denied.
1

The case was properly removed and properly remains. The Court is satisfied that Defendant has
shown a basis for federal jurisdiction under the Class Action Fairness Act beyond a there
preponderance of the evidence.
SO ORDERED.

Dated: Brooklyn, New York

May 9.2018

s/ RJD
^MOND J. DEARIE

United States District Judge