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Ellison v. Putzmeister American

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


April 7, 2009

MICHAEL ELLISON, ET AL., PLAINTIFFS,
v.
PUTZMEISTER AMERICAN, INC., ET AL., DEFENDANTS.

ORDER

This action was removed from state court on the basis of diversity jurisdiction. In conclusory fashion, the removal petition alleges that the amount in controversy exceeds $75,000. However, the complaint alleges only that damages sought are in excess of $25,000. Moreover, it is not apparent from the face of the complaint that damages exceed the amount jurisdictionally required. See generally Singer v. State Farm Mut. Auto. Ins. Co., 116 F.3d 373 (9th Cir. 1997).

Accordingly, IT IS HEREBY ORDERED that within twenty days from the date of this order, defendants shall show cause why this action should not be summarily remanded. See 28 U.S.C. § 1446(c)(4).

20090407

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