Swartz

Swartz v. Daves Killer Bread, Inc.

Good Law
United States District Court, Northern District of CaliforniaMay 9, 20224:21-cv-10053California623 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 DAVID SWARTZ, Case No. 4:21-cv-10053-YGR

Plaintiff, ORDER TO SHOW CAUSE RE: CAFA v.

JURISDICTION

DAVE’S KILLED BREAD, INC. AND Dkt. No.

FLOWERS FOODS, INC.

10 Defendant.

TO PLAINTIFF DAVID SWARTZ AND HIS COUNSEL OF RECORD:

13 YOU ARE HEREBY ORDERED TO SHOW CAUSE IN WRITING no later than May 14 17, 2022, why plaintiff’s claims should not be dismissed for failing to establish that jurisdiction is 15 proper pursuant to the Class Action Fairness Act (“CAFA”), 28 U.S.C. § 1332(d)(2). 16 Pursuant to CAFA, this Court has original jurisdiction over class actions in which there are 17 at least 100 class members, at least one of which is diverse in citizenship from any defendant, and 18 for which the aggregate amount in controversy exceeds the sum of $5 million, exclusive of interest 19 and costs. 28 U.S.C. § 1332(d)(2). The party asserting that jurisdiction is proper bears the burden 20 of establishing federal jurisdiction. Abrego v. Dow Chem. Co., 443 F.3d 676, 685 (9th Cir. 2006). 21 One may…

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