Bruce Hulse v. Ascion, LLC

I. Introduction and Factual Background

Plaintiff Bruce Hulse filed this action in California state court on April 24, 2019, asserting that Defendant Ascion LLC (“Defendant”) misappropriated his likeness and violated Cal. Civ. Code § 3344 (California’s statutory misappropriation offense) based on Defendant’s continued use of his image in marketing materials following the expiration of the 2-year period Plaintiff contractually authorized. Dkt. 1-2. On Oct. 29, 2019 Defendant removed the case to this Court, alleging that the parties were completely diverse, and that the amount in controversy exceeded $75,000, as required by 28 U.S.C. § 1332(a) to create jurisdiction in this Court.

Plaintiff then filed a motion to remand, asserting (1) that because Defendant waited more than four and a half months to file its Notice of Removal, it is time-barred procedurally, and (2) that Defendant’s removal is not supported by sufficient evidence that demonstrates that the amount in controversy exceeds $75,000. Dkt. 9 at 1.

II. Legal Standard

United States federal courts are courts of limited jurisdiction. Gunn v. Minton, 568 U.S. 251, 256 (2013). Consequently, a “federal court is presumed to…