Harris

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 LEVONE HARRIS, Case No. 19-cv-07801-WHO

8 Plaintiff,

ORDER GRANTING MOTION TO

9 v. REMAND

10 KM INDUSTRIAL, INC., Re: Dkt. No. 26 Defendant. 11

12 At issue is whether plaintiff Levone Harris has alleged in excess of $5 million in 13 controversy such that this case is properly in federal court pursuant to the Class Action Fairness 14 Act (“CAFA”). Harris moves to remand this case to state court. He alleges that defendant KM 15 Industrial, Inc. (“KMI”) violated California law by failing to provide compliant meal and rest 16 breaks, overtime pay, wage statements, and timely final wages, and that it committed procedural 17 violations of the Fair Credit Reporting Act (“FCRA”). The parties dispute whether the amount-in- 18 controversy requirement under CAFA is satisfied. KMI had the burden to establish the amount-in- 19 controversy, but because its damages calculations rely upon unsupported assumptions that all 20 hourly employees in the proposed class worked…