Mora
Mora v. Marten Transport, Ltd.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 HECTOR MORA, Case No. 23-cv-06004-JD
Plaintiff,
ORDER RE REMAND
v.
MARTEN TRANSPORT, LTD., Defendant.
Plaintiff Hector Mora, on behalf of himself and a putative class of current and former truck drivers employed by defendant Marten Transport, Ltd. (Marten), sued Marten on a variety of wage and hour claims under California state law. Dkt. No. 1, Ex. C. The complaint was originally filed in the Santa Clara Superior Court, and was removed by Marten under the Class Action Fairness Act of 2005 (CAFA), 28 U.S.C. § 1332(d). Dkt. No. 1. Mora says that the case should be remanded because Marten has not plausibly established the $5 million amount in controversy required for CAFA jurisdiction. Dkt. No. 12. The parties’ familiarity with the record is assumed. Because Marten used unreasonable and unsupported assumptions to estimate the amount in controversy, it has not met its burden of demonstrating that $5 million or more is in play, and the case is remanded…