Barakat

Barakat v. Costco Wholesale Corporation

Good Law
United States District Court, Northern District of CaliforniaJuly 6, 20203:20-cv-02248California4,032 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

MORHAF BARAKAT, Case No. 20-cv-02248-JCS Plaintiff,

v. ORDER DENYING MOTION TO

REMAND AND MOVING INITIAL

COSTCO WHOLESALE CORPORATION, CASE MANAGEMENT CONFERENCE

TO 2:00 P.M. ON JULY 10, 2020

Defendant. Re: Dkt. No. 7

I. INTRODUCTION On January 8, 2020, Plaintiff Morhaf Barakat brought this action in state court against Defendant Costco Wholesale Corporation (“Costco”), asserting claims arising from an incident in which Barakat slipped and fell at a Costco store. On April 2, 2020, Costco removed to this Court on the basis of diversity jurisdiction under 28 U.S.C. § 1332, asserting that the removal was timely because it did not learn that the amount-in-controversy requirement was satisfied until March 9, 2020. Barakat brings a Motion to Remand (“Motion”), arguing that removal was untimely under 28 U.S.C. § 1446(b) because Costco should have known the amount-in-controversy requirement was met no later than February 12, 2020. The Court finds that the Motion is…

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