Gary Yudin v. Norkol, Inc.

Opinion

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES – GENERAL

Case No. 8:24-cv-01000-DOC-DFMx Date: May 21, 2024

Title: Gary Yudin v. Norkol, Inc.

PRESENT: THE HONORABLE DAVID O. CARTER, JUDGE

Deborah Lewman Not Present Courtroom Clerk Court Reporter

ATTORNEYS PRESENT FOR ATTORNEYS PRESENT FOR PLAINTIFF: DEFENDANT: None Present None Present

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.

MINUTES FORM 11 Initials of Deputy Clerk: djl CIVIL-GEN