Jolliff v. Nevada CVS Pharmacy, LLC
| Lora Joliff and Lora Jolliff |
| CVS Pharmacy, Inc., Nevada CVS Pharmacy, LLC and CVS Health Solutions LLC |
| 2:2021cv00098 |
| January 19, 2021 |
| US District Court for the District of Nevada |
| Nancy J Koppe |
| Gloria M Navarro |
| Personal Inj. Prod. Liability |
| 28 U.S.C. ยง 1446 pl |
| Both |
Docket Report
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| Document Text |
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| Filing 9 Joint STATUS REPORT Pursuant to January 19, 2021 Minute Order by Defendant Nevada CVS Pharmacy, LLC. (Sanders, LeAnn) |
| Filing 8 RESPONSE to 7 Minute Order,,,,,,,, by Defendant Nevada CVS Pharmacy, LLC. (Attachments: #1 Exhibit, #2 Declaration) (Sanders, LeAnn) |
| Filing 7 MINUTE ORDER IN CHAMBERS of the Honorable Judge Gloria M. Navarro on 2/2/2021. IT IS HEREBY ORDERED that Defendants Nevada CVS Pharmacy, LLC et al. ("Defendants") show cause as to why the Court should not remand this action to Clark County District Court for failure to satisfy the diversity jurisdiction requirements set forth in 28 U.S.C. 1332. "In a suit involving a subsidiary corporation, the court looks to the state of incorporation and principal place of business of the subsidiary, and not its parent." Danjaq, S.A. v. Pathe Comm. Corp., 979 F.2d 772, 775 (9th Cir. 1992) (citing James W. Moore et al., Moore's Federal Practice para. 0.77[2.5] (2d ed. 1992)). Here, Defendants characterize the subsidiary, Defendant Nevada CVS Pharmacy LLC ("Nevada CVS"), as a citizen of Rhode Island, the place of incorporation of Nevada CVS's parent company. (Pet. Removal 2:23-3:2, ECF No. #1 ). Given that Defendant Nevada CVS Pharmacy LLC is a Nevada Limited Liability Company and Plaintiff is also a citizen of Nevada, it appears that the parties are not completely diverse in this suit. Furthermore, Defendants allege that "Plaintiff will clearly seek an excess of $75,000.00." (Pet. Removal 4:19-21). However, "conclusory allegations as to the amount in controversy are insufficient." Matheson v. Progressive Specialty Ins. Co., 319 F.3d 1089, 1091 (9th Cir. 2003). Defendants, therefore, must show that the amount in controversy exceeds $75,000.00. Accordingly, Defendants must demonstrate that the complete diversity requirement and amount in controversy requirement of 28 U.S.C. 1332(a)(1) are satisfied in this case. Defendants shall have until February 16, 2021 to file a brief, not to exceed ten pages, demonstrating that the Court has subject matter jurisdiction over this action. Failure to comply with this Order will result in this case being remanded to Clark County District Court.(Copies have been distributed pursuant to the NEF - NY) |
| Filing 6 STATEMENT REGARDING REMOVAL by Defendant Nevada CVS Pharmacy, LLC. (Sanders, LeAnn) |
| Filing 5 CERTIFICATE of Interested Parties by Nevada CVS Pharmacy, LLC that identifies all parties that have an interest in the outcome of this case. Corporate Parent CVS Health Corporation, Corporate Parent CVS Pharmacy, Inc., Corporate Parent CVS NV Holding Company, LLC for Nevada CVS Pharmacy, LLC added. (Sanders, LeAnn) |
| Filing 4 DECLARATION of Melanie Luker in Support of CVS Defendants Notice of Removal re #1 Petition for Removal, by Defendant Nevada CVS Pharmacy, LLC. (Sanders, LeAnn) |
| Filing 3 MINUTE ORDER IN CHAMBERS of the Honorable Judge Gloria M. Navarro on 1/19/2021. Statement regarding removed action is due by 2/3/2021. Joint Status Report regarding removed action is due by 2/18/2021. (Copies have been distributed pursuant to the NEF - HAM) |
| Filing 2 STANDING ORDER. This case has been assigned to the Honorable Judge Gloria M. Navarro. Judge Navarro's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - HAM) |
| Filing 1 First PETITION FOR REMOVAL from Eighth Judicial District Court, Case Number a-20-826486-C, (Filing fee $ 402 receipt number 0978-6335046) by Nevada CVS Pharmacy, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit) (Sanders, LeAnn) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
| Case randomly assigned to Judge Gloria M. Navarro and Magistrate Judge Nancy J. Koppe. (HAM) |
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