Opinion
Civil Action No. 11-cv-02790-MSK
11-01-2011
BACTERIN INTERNATIONAL, INC., a Nevada corporation, Plaintiff, v. PATRICK T. KLINGLER; and TISSUE TRANSPLANT TECHNOLOGY, LTD., a/k/a Bone Bank Allographs, a/k/a Bonetec, Defendants.
Honorable
ORDER REMANDING CASE
THIS MATTER comes before the Court sua sponte.
The Plaintiff commenced this action in the Douglas County District Court. Plaintiff's original Complaint asserted claims for misappropriation of trade secrets, deceptive trade practices, and interference with prospective business advantage against Defendant. In its Complaint, the Plaintiff did not request any particular monetary relief. In the Notice of Removal, the Defendants assert that this Court can exercise jurisdiction based upon diversity pursuant to 28 U.S.C.§ 1332. Neither the Complaint nor the Notice of Removal state specific facts demonstrating the requisite amount in controversy for diversity jurisdiction.
In accordance with the analysis set forth in Baker v. Sears Holding Corp., 557 F. Supp. 2d 1208 (D. Colo. 2007), there has been an insufficient showing of the requisite amount in controversy to establish diversity jurisdiction. Accordingly, the action must be remanded to the State Court. See 28 U.S.C. § 1447(c).
IT IS THEREFORE ORDERED that this action is REMANDED to the Douglas County District Court.
BY THE COURT:
Marcia S. Krieger
United States District Judge