Free Proposed Order - District Court of California - California

Case 3:08-cv-03798-MMC

Document 16

Filed 08/28/2008

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Shawn Ridgell (State Bar No. 201179) RIDGELL & LAWLOR LLP 2128 Broadway Oakland, Ca 94612 (510) 986-1300 Attorneys for Plaintiff JOHN ALLEN

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

JOHN ALLEN Plaintiff,

13 v. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. HOMEQ SERVICING INC., DOES 1 TO 50, Defendant.

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ACTION NO: C-08-03798 MMC [PROPOSED] ORDER GRANTING PLAINTIFF'S MOTION TO REMAND Date: Time: Location: October 10, 2008 9:00 a.m. Courtroom 7, 19 th Floor 450 Golden Gate Ave. San Francisco, CA 94102

The Motion to Remand the above-entitled action to the Alameda County Superior Court in Oakland, California, came regularly for hearing on October 10, 2008. Shawn Ridgell appeared as counsel for the plaintiff, and Jeffrey S. Allison appeared as counsel for the defendant. The court, having considered the moving and supporting papers, and good cause appearing therfor, IT IS ORDERED that: Plaintiff's motion to remand this matter to the Alameda County Superior Court

is GRANTED. Defendant has failed to provide facts to demonstrate that the amount in controversy in this matter exceeds $75,000. A defendant seeking removal based upon diversity jurisdiction must prove the jurisdictional dollar amount by a "Preponderance of

Case 3:08-cv-03798-MMC

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Filed 08/28/2008

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the evidence" Sanchez v. Monumental Life Ins. Co. (9 th Cir 1996) 95 F3d 856, 860. Defendant has failed to meet this requirement. When claiming that the amount in controversy exceeds $75,000, defendant cannot rely on plaintiff's settlement demands or statements made during settlement negotiations as evidence of the jurisdictional amount. Gwyn v. Wal-Mart Stores Inc. (M.D. N.C. 1996) 955 F. Supp. 44, 46. Dated: ________________________________ Hon. Maxine Chesney U.S. District Court Judge

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