Gallagher-Stevens

Gallagher-Stevens v. Independent Living Systems, LLC

Good Law
United States District Court, Northern District of CaliforniaJanuary 31, 20253:24-cv-04582California6,488 words

Opinion

trial_court Opinion

1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 SAMUEL GALLAGHER-STEVENS, Case No. 24-cv-04582-WHO

7 Plaintiff,

ORDER GRANTING MOTION TO

8 v. REMAND

9 INDEPENDENT LIVING SYSTEMS, LLC, Re: Dkt. No. 14 Defendant. 10

11 12 Defendant Independent Living Systems, LLC (“ILS”) removed this putative wage and 13 hour class action from the Superior Court of California, County of San Francisco, pursuant to 28 14 U.S.C. §§ 1332, 1441, 1445, as amended by the Class Action Fairness Act of 2005 (“CAFA”). 15 Plaintiff Samuel Gallagher-Stevens moves to remand it because ILS has not made a sufficient 16 showing that there is more than $5 million in controversy, which is the CAFA jurisdictional 17 threshold for removal to federal court. ILS has significantly overestimated the violation rates for 18 most claims in light of Gallagher-Stevens’s allegations: a reasonable calculation of damages 19 makes clear that the $5 million CAFA threshold has not been met. The motion to remand is 20 GRANTED. 21 BACKGROUND 22 …

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