Melissa Velasquez v. Luxottica of America, Inc.

I. BACKGROUND

Plaintiff filed a class action complaint in state court bringing claims of unfair competition and false advertising. (Compl. 62-84, ECF No. 1-3.) Plaintiff alleges that Defendant owns the Lenscrafters retail line, and that Lenscrafters promotes false or misleading sales. (/d. 43, 6.) On these and other allegations, Plaintiff seeks remedies in the form of restitution and public injunctive relief. (/d., Prayer for Relief.) Defendant removed the action on the basis that the Court has original jurisdiction under the Class Action Fairness Act of 2005 (“CAFA”). (Notice of Removal § 9, ECF No. 1.)

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II. LEGAL STANDARD

Federal courts are of limited jurisdiction and possess only that jurisdiction which is authorized by either the Constitution or federal statute. Kokkonen v. Guardian life Ins. Co. of Am., 511 U.S. 375, 377 (1994). A defendant in state court can remove a civil action to federal court if “the district courts of the United States have original jurisdiction.” 28 U.S.C. § 1441(a). CAFA provides federal subject- matter…