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United States District CourtFor the Northern District of CaliforniaIN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
CLRB Hanson Industries, LLC d/b/a Industrial
Printing, and Howard Stern, on behalf of
themselves and all others similarly situated,
Plaintiffs,
v.
Google Inc.,
Defendant.
/
NO. C 05-03649 JW
ORDER TO SHOW CAUSE WHY THE
CASE SHOULD NOT BE REMANDED
FOR LACK OF JURISDICTION
On September 12, 2005, Defendant Google, Inc. (“Defendant”) removed this action pursuant
to the Class Action Fairness Act of 2005, 28 U.S.C. § 1332(d) (“CAFA”). Under CAFA, a district
court has “‘original jurisdiction of any civil action in which the matter in controversy exceeds the
sum or value of $5,000,000, exclusive of interest and costs, and [the action] is a class action in
which’ the parties satisfy, among other requirements, minimal diversity.” Abrego Abrego v. The
Dow Chemical Co., 443 F.3d 676, 680 (9th Cir. 2006) (quoting 28 U.S.C. § 1332(d)(2)). CAFA
expressly provides that the claims of individual members shall be aggregated to determine the
amount in controversy. 28 U.S.C. § 1332(d)(6). Plaintiffs have not challenged removal and concede
in their Second Amended Class Action Complaint that the Court has jurisdiction under CAFA. (See
Docket Item No. 47.)
Having reviewed the papers and evidence submitted in conjunction with the parties’ motions
for summary judgment, the Court is doubtful as to whether the amount of damages sought by
Case 5:05-cv-03649-JW Document 101 Filed 10/30/2006 Page 1 of 3
CLRB Hanson Industries, LLC et al v. Google Inc.
Doc. 101
Dockets.Justia.com
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Plaintiffs exceeds the jurisdiction