Ernestina Nunez et al v. Nissan North America, Inc. et al
| Ernestina Nunez and Javier Nunez |
| Nissan North America, Inc. and Does 1 through 10 inclusive |
| 5:2023cv00881 |
| May 16, 2023 |
| US District Court for the Central District of California |
| Shashi H Kewalramani |
| Otis D Wright |
| Contract: Other |
| 28 U.S.C. § 1442 Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 6, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 13 Receipt of Remand by Riverside County Superior Court on 6/26/2023. (lc) |
| Filing 12 TRANSMITTAL of documents to RIVERSIDE COUNTY SUPERIOR COURT. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to RIVERSIDE COUNTY SUPERIOR COURT, No. CVRI2301327. (lc) |
| Filing 11 MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: Having reviewed Nissans Notice of Removal #1 and Response to the Court's Order to Show Cause #9 , the Court hereby REMANDS the action based on Nissans failure to establish that the amount in controversy exceeds $75,000.00. Nissan fails to demonstrate that the amount in controversy exceeds $75,000.00, and the Court accordingly lacks diversity jurisdiction. Thus, the Court REMANDS this case to the Superior Court of California, County of Riverside, 4050 Main Street, Riverside, CA 92501, Case No. CVRI2301327. Plaintiffs Motion to Remand is DENIED AS MOOT #10 . All dates and deadlines are VACATED. The Clerk of the Court shall close this case. (Made JS-6. Case Terminated.) (lc) |
| Filing 10 NOTICE OF MOTION AND MOTION to Remand Case to Riverside Superior Court filed by Plaintiff Ernestina Nunez, Javier Nunez. Motion set for hearing on 7/17/2023 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration of Allen Amarkarian, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Proposed Order) (Attorney Allen Amarkarian added to party Ernestina Nunez(pty:pla), Attorney Allen Amarkarian added to party Javier Nunez(pty:pla)) (Amarkarian, Allen) |
| Filing 9 RESPONSE filed by Defendant Nissan North America, Inc.to Minutes of In Chambers Order/Directive - no proceeding held,,,,, Set/Reset Deadlines/Hearings,,,,,,,,, #8 to Order to Show Cause re Amount in Controversy (Attachments: #1 Declaration of Yoseph Rixit, #2 Exhibit A)(Rixit, Yoseph) |
Filing 8
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: ORDER TO SHOW CAUSE re: Subject Matter Jurisdiction (Amount in Controversy). The Court has reviewed Plaintiffs' Complaint and Defendant Nissan North America's Notice of Removal. The Court finds that neither contain allegations which on their faceplausibly establish that the amount in controversy exceeds $75,000. Defendant removed this case and therefore bears the burden of establishing subject matter jurisdiction. Accordingly, Defendant is ORDERED to SHOW CAUSE, in writing only, to be received by the Court no later than June 8, 2023, why this action should not be remanded for lack of subject matter jurisdiction due to an insufficient amount in controversy. Plaintiffs may, but are not required to, file a single written Reply to Defendant's Response, to be received by the Court no later than June 15, 2023. All briefs are limited to ten (10) pages. The parties are accordingly encouraged to submit declarations or other evidence in support of their jurisdictional contentions. Defendant's failure to timely respond to this Order shall result in a remand without further warning. (lc)
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| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (jtil) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 5 NOTICE OF ASSIGNMENT of Eastern Division Removal Case and Notice re Consent to proceed before a U.S. Magistrate Judge. This case was initially assigned to District Judge Sunshine Suzanne Sykes and referred to Magistrate Judge Shashi H. Kewalramani for discovery. Pursuant to General Order 23-05, this case has been randomly reassigned to District Judge Otis D. Wright, II. The case number on all documents filed with the Court in this case should read as follows: 5:23-cv-00881 ODW (SHKx). (jtil) |
| CONFORMED COPY OF ANSWER to Complaint filed by Defendant Nissan North America, Inc. in Riverside Superior Court on 4/20/2023, attached to Rixit Decl. as Exhibit B. (jtil) |
| CONFORMED COPY OF COMPLAINT, filed by Plaintiffs Ernestina Nunez, Javier Nunez in Riverside Superior Court on 3/16/2023, attached to Rixit Decl. as Exhibit A. (jtil) |
| Filing 4 CERTIFICATE OF SERVICE filed by Defendant Nissan North America, Inc., re Civil Cover Sheet (CV-71) #2 , Certificate/Notice of Interested Parties #3 , Notice of Removal (Attorney Civil Case Opening), #1 served on May 16, 2023. (Richardson, Jason) |
| Filing 3 CERTIFICATE of Interested Parties filed by Defendant Nissan North America, Inc., (Richardson, Jason) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Nissan North America, Inc.. (Richardson, Jason) |
| Filing 1 NOTICE OF REMOVAL from Superior Court of California Riverside, case number CVRI 2301327 Receipt No: BCACDC-35322500 - Fee: $402, filed by Defendant Nissan North America, Inc.. (Attachments: #1 Declaration of Yoseph Rixit, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C) (Attorney Jason M Richardson added to party Nissan North America, Inc.(pty:dft))(Richardson, Jason) |
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