Michael Walker v. Capitol North American, Inc.

Opinion

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES—GENERAL

Case No. EDCV 24-1743-KK-SPx Date: February 6, 2025 Title:

Present: The Honorable KENLY KIYA KATO, UNITED STATES DISTRICT JUDGE

Noe Ponce Not Reported Deputy Clerk Court Reporter

Attorney(s) Present for Plaintiff(s): Attorney(s) Present for Defendant(s): None Present None Present

Proceedings: (In Chambers) Order to Show Cause re: Federal Court Jurisdiction

The Court is in receipt of plaintiff Michael Walker’s request to remand. Dkt. 22. Plaintiff states he filed an amended complaint in state court on October 7, 2024, to “reduce the amount demanded to $10,000.”1 Id. As Plaintiff correctly states, this Court’s jurisdiction pursuant to the Carmack Amendment requires, inter alia, the amount in controversy to exceed $10,000. Steiner v. Horizon Moving Sys. Inc., 568 F. Supp. 2d 1084, 1086 (C.D. Cal. 2008) (citing 28 U.S.C. § 1337).

Accordingly, Defendants are to file a written response no later than seven days from today’s date as to why this Court maintains jurisdiction. Failure to comply will result in this matter being remanded.

1 It is unclear why Plaintiff filed an amended complaint in state court when the matter had been removed to this Court on August 14, 2024. Regardless, if Plaintiff has agreed to limit his damages sought to no more than $10,000, it appears this case should be remanded.