Adam Jones v. Bath and Body Works, Inc. et al

Filing 19

ORDER TO SHOW CAUSE RE: REMAND by Judge Fernando M. Olguin. Response to Order to Show Cause due by 8/12/2013. See Order for details. (jloz)

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. CV 13-5206 FMO (AJWx) Title Adam Jones v. Bath and Body Works, Inc., et al. Present: The Honorable Date August 5, 2013 Fernando M. Olguin, United States District Judge Julieta Lozano None Deputy Clerk Court Reporter / Recorder Tape No. Attorney Present for Plaintiff: Attorney Present for Defendants: None Present None Present Proceedings: (In Chambers) Order to Show Cause Re: Remand On July 18, 2013, this action was removed to this court pursuant to 28 U.S.C. § 1441. However, the jurisdictional allegations appear to be defective because the total claims of individual class members do not appear to exceed $5,000,000 in the aggregate. See 28 U.S.C. § 1332(d)(2). Accordingly, IT IS ORDERED that: 1. No later than August 12, 2013, defendants shall show cause in writing why this action should not be remanded for the reason noted above. In particular, defendants should provide the court with a sample of the data used to perform their amount-in-controversy calculations. Defendants should further note that any exhibits must find support in accompanying declarations. Plaintiff may submit a response in the same time period. Failure to file a response to the instant Order shall be deemed as defendants’ consent to the remand of this action to state court. 2. A copy of all papers filed with the court shall be delivered to the drop box outside chambers at Suite 520, Spring Street Courthouse, 312 North Spring Street, no later than 12:00 noon the following business day. All chambers copies shall comply fully with the document formatting requirements of Local Rule 11-3, including the “backing” requirements of Local Rule 11-3.5. Counsel may be subject to sanctions for failure to deliver a mandatory chambers copy in full compliance with this Order and Local Rule 11-3. 00 Initials of Preparer CV-90 (06/04) CIVIL MINUTES - GENERAL : 00 jloz Page 1 of 1

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