Gallagher-Stevens
Gallagher-Stevens v. Independent Living Systems, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 SAMUEL GALLAGHER-STEVENS, Case No. 24-cv-04582-WHO
Plaintiff,
ORDER GRANTING MOTION TO
v. REMAND
INDEPENDENT LIVING SYSTEMS, LLC, Re: Dkt. No. 14 Defendant.
11 Defendant Independent Living Systems, LLC (“ILS”) removed this putative wage and hour class action from the Superior Court of California, County of San Francisco, pursuant to 28 U.S.C. §§ 1332, 1441, 1445, as amended by the Class Action Fairness Act of 2005 (“CAFA”). Plaintiff Samuel Gallagher-Stevens moves to remand it because ILS has not made a sufficient showing that there is more than $5 million in controversy, which is the CAFA jurisdictional threshold for removal to federal court. ILS has significantly overestimated the violation rates for most claims in light of Gallagher-Stevens’s allegations: a reasonable calculation of damages makes clear that the $5 million CAFA threshold has not been met. The motion to remand is GRANTED. BACKGROUND …