Jeramie Abbott v. International Vitamin Corporation

United States District Court Central District of California Western Division 11 JERAMIE ABBOTT, CV 19-01941 TJH (KKx)

Plaintiff, v. Order INTERNATIONAL VITAMIN

CORPORATION,

16 Defendant. 17 18 19 20 The Court has considered Plaintiff Jeramie Abbott’s motion to remand, together with the moving and opposing papers. Defendant International Vitamin Corporation [“IVC”] , as the party invoking the Court’s subject matter jurisdiction, has the burden of establishing jurisdiction by a preponderance of the evidence. Rodriguez v. AT&T Mobility Servs. LLC, 728 F.3d 975, 981 (9th Cir. 2013). Initially, a defendant may rely on the allegations in its notice of removal to satisfy the jurisdictional burden. Dart Cherokee Basin Operating Co., LLC v. Owens, 574 U.S. 81, 88 (2014). However, because Abbott has challenged the || allegations in IVC’s notice of removal by filing his motion to remand, IVC must submit 2 || evidence to support its alleged basis for jurisdiction. See Dart Cherokee, 574 U.S. 81 3 || at 88. …