Chaganti

Chaganti v. Fifth Third Bank

Good Law
United States District Court, Northern District of CaliforniaOctober 31, 20225:22-cv-04180California1,979 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 NAREN CHAGANTI, Case No. 5:22-cv-04180-EJD

Plaintiff, ORDER GRANTING MOTION TO

REMAND

v.

EDWARD “TED” LUBY, et al., Re: Dkt. Nos. 16, 24 Defendants.

Plaintiff Naren Chaganti (“Plaintiff”), an attorney, initiated this suit in the Superior Court for the State of California, County of Santa Clara, asserting state law claims against Defendants Fifth Third Bank and Edward F. “Ted” Luby (“Luby”). Luby removed the action to federal court pursuant to 28 U.S.C. §§ 1332, 1441 and 1446 on the basis of diversity jurisdiction. Pending before the Court are Plaintiff’s two motions to remand. In one motion, Plaintiff contends that removal was improper because Fifth Third Bank did not file a written consent to removal. Motion to Remand for Defective Removal, Dkt. No. 24. In the other motion, Plaintiff contends that Luby’s Notice of Removal fails to establish that the amount in controversy exceeds …

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