Opinion
2:24-cv-00427-NJK
03-27-2024
LUZ GARCIA-ACOSTA, Plaintiffs, v. THE TJX COMPANIES, INC., Defendants.
ORDER TO SHOW CAUSE
NANCY J. KOPPE, UNITED STATES MAGISTRATE JUDGE
Defendant removed this case on diversity jurisdiction grounds. Docket No. 1. The complaint on its face does not show that more than $75,000 is in controversy, but Defendant notes that Plaintiff has identified $24,328.87 in medical specials, see Docket No. 1-4 at 5, and made a settlement demand of $125,000, see Docket No. 1-5 at 1. It is not clear that these circumstances suffice to demonstrate that the amount in controversy exceeds $75,000. See, e.g., Randolph v. Albertsons LLC, 2020 WL 7055894, at *2 (D. Nev. Dec. 2, 2020) (case involving $32,811.24 in medical costs and a settlement demand of $164,800); Guerrero v. Panda Express, Inc., 2019 WL 1933751, at *2 (D. Nev. May 1, 2019) (case involving $17,651.92 in medical costs and a settlement demand of $100,000); Cayer v. Vons Cos., 2017 WL 3115294, at *3-4 (D. Nev. July 21, 2017) (case involving $40,054.76 in actual damages and a settlement demand of $1,000,000); Hanshew v. Blazin Wings, Inc., 2016 WL 7489043, at *2 (D. Nev. Dec. 30, 2016) (case involving $41,537.41 in medical costs and lost wages, and a settlement demand of $325,000).
Accordingly, Defendant is hereby ORDERED to show cause in writing, no later than April 10, 2024, why this case should not be remanded for lack of subject matter jurisdiction. Plaintiff must file a response by April 24, 2024. Defendant may file a reply by May 1, 2024.
IT IS SO ORDERED.