Tyrone Johnson v. Parsec, Inc.

Case 2:22-cv-06930-DSF-MAR Document Filed 12/02/ Page 1 of Page ID #:370

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

TYRONE JOHNSON, et al., CV 22-6930 DSF (MARx) Plaintiffs, Order DENYING Motion to v. Remand (Dkt. 17)

PARSEC, INC.,

Defendant.

Plaintiffs Tyrone Johnson and Terrence Kennedy move to remand this wage-and-hour class action to state court, claiming that the amount in controversy requirement has not been met. The Court deems this matter appropriate for decision without oral argument. See Fed. R. Civ. P. 78; Local Rule 7-15. Under the Class Action Fairness Act, a removing defendant is required to demonstrate by the preponderance of the evidence that the amount in controversy exceeds $5,000,000. Harris v. KM Indus., Inc., 980 F.3d 694, 699 (9th Cir. 2020). Plaintiffs first challenge the competence of the evidence presented by Defendant in support of removal, specifically two declarations by

1 Plaintiffs also challenged the timeliness of removal in their moving papers but appear to have abandoned that argument in the reply. It is apparent that the removal was timely. Case 2:22-cv-06930-DSF-MAR Document …