Madriz-Rivas

Madriz-Rivas v. Grace Holmes, Inc.

Good Law
United States District Court, Northern District of CaliforniaOctober 10, 20245:24-cv-07061California704 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

10 LUIS MADRIZ-RIVAS, Case No. 24-cv-07061-NC 11 Plaintiff, ORDER TO SHOW CAUSE ESTABLISHING v. JURISDICTIONAL REQUIREMENTS UNDER CAFA

GRACE HOLMES, INC.,

Re: ECF 1 Defendant. 15 16 Defendant Grace Holmes, Inc. filed a notice of removal in this matter pursuant to the Class Action Fairness Act of 2005 (CAFA). ECF 1 ¶¶ 4–6. Defendant’s notice of removal falls far short of establishing one of the basic jurisdictional elements required by CAFA. As such, the Court orders Defendant to show cause establishing the amount in controversy by a preponderance of the evidence such that the Court has jurisdiction of this matter and removal is proper. Under 28 U.S.C. §§ 1332(d), 1441(a), and 1453(b), a defendant may remove a class action from state to federal court if: (1) any member of the putative class is a citizen of different state…

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