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Other Statutory Actions | California Central
Voluntary Dismissal of a Case (Pursuant to FRCP 41a (1))
NOTICE of Voluntary Dismissal filed by Plaintiff Danielle Cody. Dismissal is with. (Fineman, Neil)
Text Only Scheduling Notice
(In Chambers) Order by Judge Stanley Blumenfeld, Jr.: Federal courts have a sua sponte duty to assess whether they have subject-matter jurisdiction. Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 583 (1999). Original jurisdiction exists when there is complete diversity of citizenship between the parties and the amount in controversy exceeds $75,000. 28 U.S.C. § 1332(a). Here, the initial complaint alleged that "the total benefit or value to Plaintiff or any consumer is not more than $74,999.99 total per person, for all recovery, damages, interest, costs, or any other thing or type. The cost to Defendant of all relief sought herein is less than $74,999.99 per person." Dkt. No. 1-1 at 4. In its notice of removal, Defendant nonetheless contends that the amount in controversy is satisfied because Plaintiff seeks injunctive relief and attorney's fees that will exceed the jurisdictional threshold. Defendant also argues that jurisdiction is properly determined from the initial complaint even though Plaintiff servedallegedly improperlyan amended complaint the day before the notice of removal was filed. The parties are ORDERED to promptly meet and confer in person or by videoconference to attempt to reach agreement as to whether this case should be remanded. By May 22, 2026, the parties shall either stipulate to remand, or, if they dispute whether the amount in controversy is satisfied, Plaintiff shall file a noticed motion to remand set for hearing no later than June 26, 2026. Any motion to remand must address whether jurisdiction is properly assessed from the original or amended complaint. The Court defers consideration of the motion to compel arbitration (Dkt. No. 10) until after resolution of any motion to remand. The June 12 hearing is therefore vacated and may be reset if necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lfa) TEXT ONLY ENTRY
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