Mora

Mora v. Marten Transport, Ltd.

Good Law
United States District Court, Northern District of CaliforniaFebruary 8, 20243:23-cv-06004California1,656 words

Opinion

trial_court Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 HECTOR MORA, Case No. 23-cv-06004-JD

8 Plaintiff,

ORDER RE REMAND

v. 9

10 MARTEN TRANSPORT, LTD., Defendant. 11

12 Plaintiff Hector Mora, on behalf of himself and a putative class of current and former truck 13 drivers employed by defendant Marten Transport, Ltd. (Marten), sued Marten on a variety of wage 14 and hour claims under California state law. Dkt. No. 1, Ex. C. The complaint was originally filed 15 in the Santa Clara Superior Court, and was removed by Marten under the Class Action Fairness 16 Act of 2005 (CAFA), 28 U.S.C. § 1332(d). Dkt. No. 1. 17 Mora says that the case should be remanded because Marten has not plausibly established 18 the $5 million amount in controversy required for CAFA jurisdiction. Dkt. No. 12. The parties’ 19 familiarity with the record is assumed. Because Marten used unreasonable and unsupported 20 assumptions to estimate the amount in controversy, it has not met its burden of demonstrating that 21 $5 million or more is in play, and the case is remanded…

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