Voice International Inc et al v. Tom Smith et al
Filing
15
MINUTE: (IN CHAMBERS) Order Remanding Action to State Court for all further proceedings IT IS SO ORDERED by Judge R. Gary Klausner (cc Copy of Minute Order, Docket Sheet and Letter of Remand to Los Angeles County Superior Court,Case number BC112958) (Case Terminated. Made JS-6) (Attachments: # 1 Letter of Remand - CV 103) (ir)
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.
CV 11-06838-RGK (JCx)
Title
VOICE INTERNATIONAL INC v. SMITH et al
Present: The
Honorable
Date
September 29, 2011
R. GARY KLAUSNER, U.S. DISTRICT JUDGE
Sharon L. Williams
Not Reported
Deputy Clerk
Court Reporter / Recorder
Attorneys Present for Plaintiffs:
Attorneys Present for Defendants:
Not Present
Not Present
Proceedings:
(IN CHAMBERS) Order Remanding Action to State Court
On June 9, 2011, Voice International, Inc. and David Grober (collectively “Plaintiffs”), filed suit
against Tom Smith and Steve Waterford (collectively “Defendants”). In their Complaint, Plaintiffs
allege state law claims involving violation of trade secretes, tortious interference, breach of contract,
breach of confidential relationship, and conversion.
Pursuant to 28 U.S.C. § 1332, district courts shall have original jurisdiction over any civil action
in which the parties are citizens of different states and the action involves an amount in controversy that
exceeds $75,000. After a plaintiff files a case in state court, the defendant attempting to remove the case
to federal court bears the burden of proving the amount in controversy requirement has been met.
Lowdermilk v. United States Bank Nat’l Ass’n, 479 F.3d 994, 998 (9th Cir. 2007). If the complaint does
not allege the amount in controversy, the removing defendant must supply this jurisdictional fact in the
Notice of Removal. Gaus v. Miles, Inc., 980 F.2d 564, 566-567 (9th Cir. 1992). Defendants have failed
to make this requisite showing. Plaintiffs have not alleged an amount in controversy in their Complaint.
Defendants attempt to argue that the amount in controversy will necessarily exceed $75,000 because of
the type of damages Plaintiffs have sustained. Such arguments are not sufficient to establish jurisdiction
based on diversity of citizenship.
In light of the foregoing, the Court hereby remands the action to state court for all further
proceedings.
IT IS SO ORDERED.
:
Initials of Preparer
CV-90 (10/08)
CIVIL MINUTES - GENERAL
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