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Williams v. Biotab Nutraceuticals

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


October 6, 2009

EDWARD WILLIAMS, ON BEHALF OF HIMSELF AND OTHER SIMILARLY SITUATED PERSONS, PLAINTIFF,
v.
BIOTAB NUTRACEUTICALS, INC., A CORPORATION, TAMARA GIBSON, AN INDIVIDUAL, ROBERT WINTERS, JR., AN INDIVIDUAL, ROBERT WINTERS, SR., AN INDIVIDUAL, AND DOES 1 THROUGH 10, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Honorable Manuel L Real United States District Court Judge

PUTATIVE CLASS ACTION

ORDER REMANDING CASE TO STATE COURT

Assigned for all purposes to the Hon. Manuel L. Real

Complaint Filed: May 29, 2009

Complaint Removed: July 10, 2009

Trial Date: None set

On October 5, 2009, the motions of defendants Biotab Neutraceuticals, Inc., Tamara Gibson, Robert Winters, Jr., and Robert Winters, Sr. (collectively "Defendants") to dismiss the First Amended Complaint filed by plaintiff Edward Williams ("Plaintiff") came on regularly for hearing in Courtroom 8 of the above- entitled Court before the Honorable Manuel L. Real.

The Court sua sponte determined that this putative class action should be remanded, and is hereby remanded, to state court for lack of subject matter jurisdiction because there is nothing before the Court that establishes that the amount in controversy exceeds $5,000,000 as is required to establish diversity jurisdiction under 28 U.S.C. § 1441(b) and the Class Action Fairness Act.

Alternatively, the Court declined to accept subject matter jurisdiction because Plaintiff's claims are all asserted under California law and involve purely state law issues.

Having determined that this case should be remanded to state court, the Court further determined that Defendants' motions to dismiss are moot.

IT IS SO ORDERED.

20091006

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