Opinion
24-01644 TSZ
10-30-2024
JEFFREY HILL, individually and on behalf of all others similarly situated, Plaintiff, v. SPIRIT HALLOWEEN SUPERSTORES LLC, a foreign limited liability company; and DOES 120, as yet unknown Washington entities, Defendants.
MINUTE ORDER
The following Minute Order is made by direction of the Court, the Honorable Thomas S. Zilly, United States District Judge:
(1) Having reviewed the Notice of Removal and the attached exhibits, docket no. 1, the Court is not satisfied that it has subject-matter jurisdiction pursuant to the Class Action Fairness Act (“CAFA”), 28 U.S.C. § 1332(d). CAFA requires that an action removed from state court involve a class with at least 100 putative members, that at least one plaintiff is diverse in citizenship from any defendant, and that the aggregate amount in controversy exceeds $5 million. See Moliga v. Qdoba Restaurant Corp., No. 23-CV-1084, 2023 WL 5013439, at *4 (W.D. Wash. Aug. 7, 2023). The removing party has the burden of overcoming the strong presumption against removal jurisdiction by establishing that the CAFA criteria are met. See Lindley Contours, LLC v. AABB Fitness Holdings, Inc., 414 Fed.Appx. 62, 64 (9th Cir. 2011). With regard to the amount in controversy, Defendant asserts that the maximum in potential statutory damages ($5,000) may be aggregated by class member, as opposed to statutory violation, and contends that the approximately more than 1,000 individuals who applied during the period from January 1, 2023, to September 5, 2024, for job openings in Washington would be entitled to at least $5,000,000. See Notice of Removal, pgs. 6-7 (docket no. 1). Defendant provides no authority for interpreting the statute to authorize the calculation of class damages in this manner. Defendant is DIRECTED to file by November 8, 2024, a supplement to the Notice of Removal addressing whether the Court has CAFA jurisdiction.
(2) The Clerk is directed to send a copy of this Minute Order to all counsel of record.