Rakofsky v. Mercedes-Benz USA, LLC

Opinion

1 2 3 7 JOSEPH RAKOFSKY, 8 Case No. 22-cv-04427-EJD Plaintiff, v. 10 MERCEDES-BENZ USA, LLC, et al., 11 Defendants. 12

13 14 On July 29, 2022, Defendant Mercedes-Benz USA, LLC (“MBUSA”) removed this case 15 from Monterey County Superior Court. ECF 1. On August 2, 2022, the parties were ordered to 16 show cause why the case should not be remanded. ECF No. 7 (“OSC”). Defendant Mercedes- 17 Benz USA, LLC (“MBUSA”) responded to the OSC on August 8, 2022. ECF No. 10. 18 MBUSA represented that Defendants Wienik Bleyenberg and Devon Thompson, at the 19 time this action was commenced, were both citizens of the State of California. See ECF No. 1 at 20 3; ECF No. 10 at 3. Accordingly, it appears removal was not proper under 28 U.S.C. § 21 1441(b)(2). 22 Additionally, it is not apparent that the amount in controversy exceeds $75,000 as required 23 under 28 U.S.C. § 1332. See Conrad Assocs. v. Hartford Acc. & Indem. Co., 994 F. Supp. 1196, 24 1198 (N.D. Cal. 1998) (“A speculative argument regarding the potential value of the award is 25 insufficient” to establish the amount in controversy). 26 27 1 THE COURT hereby ORDERS MBUSA to show cause by March 21, 2024, why this case 2 should not be remanded in light of the above. MBUSA is permitted to submit a five-page 3 || response. 5 6 Dated: March 15, 2024 7 EDWARD J. DAVILA 8 United States District Judge 9 10 11 12

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