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Demydov v. BMW of North America, LLC, CV 19-2130 DSF (MRWx). (2019)

Court: District Court, C.D. California Number: infdco20190403b96 Visitors: 3
Filed: Apr. 02, 2019
Latest Update: Apr. 02, 2019
Summary: Order to Show Cause re Remand for Lack of Subject Matter Jurisdiction DALE S. FISCHER , District Judge . Defendant removed this case to this Court on the basis of diversity jurisdiction. However, the Court is not satisfied that the amount in controversy is met. The notice of removal only states "the statutory attorney fees which Plaintiff seeks would alone satisfy the $75,000 threshold." Notice of Removal 9. This case involves breach of warranty relating to a less than one-year-old lease
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Order to Show Cause re Remand for Lack of Subject Matter Jurisdiction

Defendant removed this case to this Court on the basis of diversity jurisdiction. However, the Court is not satisfied that the amount in controversy is met. The notice of removal only states "the statutory attorney fees which Plaintiff seeks would alone satisfy the $75,000 threshold." Notice of Removal ¶ 9. This case involves breach of warranty relating to a less than one-year-old lease of a BMW X5M. It is not apparent that damages, including attorney's fees, would exceed $75,000 in this case.

Therefore, Defendant is ordered to demonstrate that the amount in controversy in this case is likely to exceed $75,000. Defendant's response must be filed no later than April 16, 2019.

IT IS SO ORDERED.

Source:  Leagle

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