Walker

MEMORANDUM & ORDER

Re: Plaintiffs Motion to Remand

Plaintiff Camellia Walker, individually and on behalf of others similarly situated, brought suit against defendant Motricity, Inc. (“Motricity”) in the Superior Court of California for the County of Aameda. Motricity removed the action to the Northern District of California. This court granted Walker’s motion to remand the action back to state court on the basis that Motricity failed to show a sufficient amount in controversy to establish federal jurisdiction. Fifteen days later, Motricity again removed the action to federal court, standing by its assertion that it had satisfied the requirements for removal and subject matter jurisdiction. Now before the court is Walker’s second motion to remand the action, again on grounds that Motricity has failed to establish a sufficient amount in controversy. The court has considered the parties’ arguments fully, and for the reasons set forth below, rules as follows.

BACKGROUND

Because the facts of this case have been summarized in the court’s prior memorandum and order granting plaintiffs motion to remand, see Docket No. 37, only a brief summary is necessary here. Unless otherwise…