Murphy v. The Finish Line, Inc.

Good Law
United States District Court, Northern District of CaliforniaOctober 5, 20203:20-cv-05663California2,347 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ZACHARY MURPHY, Case No. 20-cv-05663-WHO

Plaintiff,

ORDER DENYING MOTION TO

v. REMAND

THE FINISH LINE, INC., Re: Dkt. No. 6 Defendant.

12 Plaintiff Zachary Murphy moves to remand this putative wage and hour class action to the Alameda County Superior Court on grounds that defendant The Finish Line, Inc.’s (“Finish Line”) removal pursuant to the Class Action Fairness Act of 2005 (“CAFA”), 28 U.S.C. § 1332(d), was untimely. I find this motion is suitable for decision without oral argument and VACATE the hearing scheduled for October 7, 2020. See Civ. L. R. 7-1(b). The pleadings in this case were facially indeterminate as to removal jurisdiction. The allegations failed affirmatively disclose the amount in controversy or provide information from which Finish Line could readily ascertain the amount in controversy without independent investigation and analysis. Finish Line promptly removed after its own investigation…

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