Jeremiah Calderon v. KeHE Distributors, Inc. et al.
Opinion
trial_court Opinion
I. BACKGROUND
On July 2, 2025, Defendant KeHE Distributors, Inc. properly removed the instant case to this Court under 28 U.S.C. §§ 1332 and 1441(b) (diversity jurisdiction) and 28 U.S.C. § 1332 (d) (the “Class Action Fairness Act” or “CAFA”), [see Dkt. No. 1, “Notice of Removal”]. Plaintiff does not dispute that two of the three CAFA requirements for removal to federal court are satisfied here: (1) at least one member of the putative class is a citizen of a State different from Defendant, and (2) the putative class consists of at least 100 members. [See Motion to Remand]. Plaintiff now challenges Defendant’s removal on two bases: (1) Defendant has provided insufficient substantiation that the matter in controversy exceeds $5 million and (2) the Labor Managements Relations Act (“LMRA”) is inapplicable.
CIVIL MINUTES—
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GENERAL
II. LEGAL STANDARD
Under CAFA, the Court has “original jurisdiction of any civil action in which the matter in controversy exceeds the sum or value of $5 million, exclusive of interest and costs,” and is a class action in which there is minimal diversity. 28 U.S.C. § 1332(d)(2). …