Marley Castro v. Abm Industries Incorporated

MEMORANDUM

ABM appeals the district court’s remand of this suit to California state court. The district court evaluated Castro’s motion to remand on the basis of the complaint Castro originally filed in state court, rather than on the basis of the amended complaint Castro filed in federal court.

ABM petitioned for permission to appeal based on the question whether the district court considered the correct complaint. Because ABM removed this case a second time.after appealing the first remand order, the district court is currently reviewing Castro’s motion to remand on the basis of the amended complaint.

This appeal is moot.

ABM did not challenge or brief on appeal the complex amount-in-controversy issue regarding the original complaint. So this Court cannot evaluate ABM’s assertion that the non-PAGA claims, standing alone, would satisfy CAFA’s jurisdictional threshold. See Christian Legal Soc’y Chapter of Univ. of Cal. v. Wu, 626 F.3d 483, 487-88 (9th Cir.2010). The only relief this Court could order, therefore, would be a remand to the district court to consider Castro’s motion to remand on the basis of the amended complaint. But the district court is already considering…