Opinion
Civil Action 21-cv-02069-RM-STV
08-10-2021
JASON GANN, on his own behalf and on behalf of all others similarly situated, Plaintiffs, v. GARDA CL NORTHWEST d/b/a GARDAWORLD, Defendant.
ORDER TO SHOW CAUSE
RAYMOND P. MOORE, United States District Judge.
This matter is before the Court sua sponte. Defendant removed this action to this Court based on diversity subject matter jurisdiction under 28 U.S.C. § 1332(a), with the amount in controversy alleged to be in excess of $75,000. This matter, however, is a putative class action alleging violations of Colorado wage laws. Thus, it appears that jurisdiction may only be had under 28 U.S.C. § 1332(d) which provides that:
The district courts shall have original jurisdiction of any civil action in which the matter in controversy exceeds the sum or value of $5, 000, 000, exclusive of interest and costs, and is a class action in which- (A) any member of a class of plaintiffs is a citizen of a State different from any defendant....28 U.S.C. § 1332(d)(2) (emphasis added). There is nothing in the record to support such a value exists in this case. Thus, it appears that subject matter jurisdiction has not been shown.
Accordingly, it is
ORDERED that on or before Monday, August 16, 2021, Defendant shall SHOW CAUSE why this action should not be remanded to the Denver District Court from where it was removed.