Opinion
8:24-cv-01000-DOC-DFMx
05-22-2024
Gary Yudin v. Norkol, Inc.
PRESENT THE HONORABLE DAVID O. CARTER, JUDGE
CIVIL MINUTES - GENERAL
PROCEEDINGS (IN CHAMBERS): ORDER SUA SPONTE REMANDING CASE TO ORANGE COUNTY SUPERIOR COURT
Defendant removed this employment action to this Court, asserting diversity jurisdiction. See generally Notice of Removal (dkt. 1). On May 10, 2024, the Court held that Defendant, in its Notice of Removal, did not satisfy its burden to show that the Court had jurisdiction. Accordingly, Defendant was ordered to show cause that the amount in controversy exceeds $75,000 by May 20, 2024. Order to Show Cause (dkt. 8) at 1. That deadline has passed, and Defendant has not submitted a response.
The Court construes Defendant's failure to respond to the order to show cause as a concession that the jurisdictional threshold is not met. See Ramirez v. Ghilotti Bros. Inc., 941 F.Supp.2d 1197, 1210 n.7 (N.D. Cal. 2013) (collecting cases where courts have concluded that a party's failure to contest a point constitutes a concession). Consequently, the Court lacks diversity jurisdiction over this matter and hereby REMANDS this case to Orange County Superior Court.
The Clerk shall serve this minute order on the parties.