Maria Wiley v. AmerisourceBergen Drug Corporation

I. Background

Plaintiff Maria Wiley brought a putative class action in state court alleging several violations of California’s employment laws. Defendant removed this case to this Court, asserting jurisdiction under the Class Action Fairness Act. Since then, the parties have stipulated to dismiss the class claims, meaning the case is proceeding on an individual basis. On December 19, 2023, the Court issued an Order to Show Cause why the Amount in Controversy (“OSC”) (Dkt. 25) is satisfied in light of the dismissal of Plaintiff’s class claims. Defendant responded to that OSC on January 4, 2024. See Response (Dkt. 26). Defendant argued that the amount in controversy exceeds $75,000, meaning that this Court has jurisdiction. The Court disagrees.

CIVIL MINUTES – GENERAL

Case No. 5:23-CV-00116-DOC-SPx Date: January 10, 2024

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II. Legal Standard

“If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded.” 28 U.S.C. § 1447(c). Removal of a case from state court to federal court is governed by 28 U.S.C. § 1441, which provides in relevant part that “any civil action brought in a State…