Lokey

Lokey v. CVS Pharmacy, Inc.

Good Law
United States District Court, Northern District of CaliforniaSeptember 17, 20203:20-cv-04782California4,841 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division DANIELLE LOKEY, Case No. 20-cv-04782-LB

Plaintiff,

ORDER DENYING PLAINTIFF’S

v. MOTION TO REMAND

CVS PHARMACY, INC., Re: ECF No. 18 Defendant. 16 INTRODUCTION In this putative class action, plaintiff Danielle Lokey challenges defendant CVS Pharmacy’s sale of its CVS-branded infant pain-and-fever medicine at a higher price than its CVS-branded child pain-and fever medicine, even though the ingredients in the two products are the same, in violation of California consumer-protection laws.1 CVS removed the case to federal court, asserting diversity jurisdiction under the Class Action Fairness Act of 2005 (“CAFA”), 28 U.S.C. § 1332(d)(2), and as to the named plaintiff under 28 U.S.C. § 1441(b).2 The plaintiff moved to remand on the ground that CVS did not establish the jurisdictional amount in controversy under 25 26 27 1 Compl. – ECF…

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