Cafe v. Prime Now LLC
2:23-cv-02867
E.D. Cal.Aug 27, 2024Background
- Plaintiff Sheila Rowela Cafe alleges wrongful termination by Prime Now LLC and Amazon.com Services LLC after working as a grocery picker and stocker.
- Plaintiff filed a complaint in California state court alleging twelve state law causes of action, including FEHA violations.
- Defendants removed the case to federal court claiming diversity jurisdiction under 28 U.S.C. § 1332(a).
- Plaintiff moved to remand the case to state court, arguing lack of amount in controversy and incomplete diversity.
- The Court focuses on whether the case meets the federal jurisdiction requirements for diversity and amount in controversy, and whether Plaintiff is entitled to attorney’s fees for the removal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Amount in Controversy | Defendants failed to prove damages exceed $75,000 | Lost wages alone exceed $75,000 | Denied remand; amount in controversy met |
| Diversity of Citizenship | LLC has CA members, defeating diversity | Only non-CA entities were members at relevant times | Denied remand; complete diversity exists |
| Attorney's Fees | Entitled to fees due to improper removal | (No response) | Denied; removal was proper |
Key Cases Cited
- Caterpillar Inc. v. Lewis, 519 U.S. 61 (removal requires complete diversity at time of removal)
- Strotek Corp. v. Air Transp. Ass'n of Am., 300 F.3d 1129 (diversity determined when complaint filed and removal effected)
- Geographic Expeditions, Inc. v. Estate of Lhotka ex rel. Lhotka, 599 F.3d 1102 (removal proponent bears burden of proof)
- Chavez v. JPMorgan Chase & Co., 888 F.3d 413 (lost future wages count toward amount in controversy)
- Allstate Ins. Co. v. Hughes, 358 F.3d 1089 (complete diversity required for jurisdiction)
- NewGen, LLC v. Safe Cig, LLC, 840 F.3d 606 (LLC citizenship determined by its members)