Jenny Cuevas v. Nissan North America, Inc. et al
| Jenny Cuevas |
| Nissan North America, Nissan North America, Inc. and Does 1 through 10, inclusive |
| 2:2022cv03085 |
| May 6, 2022 |
| US District Court for the Central District of California |
| Jean P Rosenbluth |
| Mark C Scarsi |
| Contract: Other |
| 28 U.S.C. ยง 1441 Notice of Removal - Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 17, 2022. A more recent docket listing may be available from PACER.
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| Filing 14 TRANSMITTAL of documents to Los Angeles County Superior Court. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Los Angeles County Superior Court, No. 22STCV11576. (lc) |
Filing 13
MINUTE ORDER IN CHAMBERS by Judge Mark C. Scarsi: ORDER REMANDING CASE. The Court ordered Defendant Nissan North America, Inc. to show cause why the case should not be remanded for lack of subject-matter jurisdiction. Defendant filed its response.Plaintiff Jenny Cuevas elected not to respond. The Court treats this lack of response as consent to any remand order. The amount in controversy is not clear from the face of the Complaint. Defendant fails to present evidence establishing that the amount in controversy more likely than not exceeds $75,000.00. Accordingly, Defendant has not shown the Court has subject-matter jurisdiction over the case. Remand is appropriate. The Court remands the case to the Los Angeles County Superior Court, No. 22STCV11576. The Court directs the Clerk to effect the remand and close the case. (Made JS-6. Case Terminated.) (lc)
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| Filing 12 RESPONSE filed by Defendant Nissan North America, Inc.to Minutes of In Chambers Order/Directive - no proceeding held,, #11 (Attachments: #1 Declaration of Scott Sharp)(Sharp, Scott) |
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Filing 11
MINUTE ORDER IN CHAMBERS by Judge Mark C. Scarsi: ORDER TO SHOW CAUSE RE SUBJECT MATTER JURISDICTION. The Complaint in this case alleges a violation of the Song-Beverly Consumer Warranty Act. Defendant removed the action from state court, invoking diversity jurisdiction. The Court questions its jurisdiction over the action. The Court orders Defendant to show cause why the case should not be remanded for lack of jurisdiction. Defendant shall file a written response within 14 days either consenting to remand or establishing by a preponderance of evidence that the amount in controversy "more likely than not" exceeds $75,000.00. Plaintiff may respond to Defendants response within seven days of its filing. (lc)
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Filing 10
ORDER SETTING SCHEDULING CONFERENCE by Judge Mark C. Scarsi. Scheduling Conference set for 7/11/2022 at 10:00 AM before Judge Mark C. Scarsi. (smo)
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Filing 9
INITIAL STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE MARK C. SCARSI upon filing of the complaint by Judge Mark C. Scarsi. (smo)
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| Filing 8 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Mark C. Scarsi and Magistrate Judge Jean P. Rosenbluth. (car) |
| CONFORMED COPY OF ANSWER to Complaint - (Discovery) filed by Defendant Nissan North America, Inc. Filed in State Court on 5/4/2022 Submitted with Attachment 3 to Notice of Removal #2 .(car) |
| CONFORMED COPY OF COMPLAINT against Defendants Does 1 through 10, inclusive, Nissan North America, Inc. Jury Demanded, filed by Plaintiff Jenny Cuevas. Filed in State Court on 4/5/2022 Submitted with Attachment 2 to Notice of Removal #2 (car) Modified on 5/11/2022 (car). |
| Filing 5 NOTICE filed by Defendant Nissan North America. (Sharp, Scott) |
| Filing 4 REQUEST FOR JUDICIAL NOTICE filed by Defendant Nissan North America. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Sharp, Scott) |
| Filing 3 CERTIFICATE of Interested Parties (Sharp, Scott) |
| Filing 2 NOTICE OF REMOVAL from Los Angeles County Superior Court, case number 22STCV11576 Receipt No: ACACDC-33274737 - Fee: $402, filed by Defendant Nissan North America. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit) (Attorney Scott Sharp added to party Nissan North America(pty:dft))(Sharp, Scott) |
| Filing 1 CIVIL COVER SHEET filed by Defendant Nissan North America. (Sharp, Scott) |
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