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Guinnane Construction Company, Inc v. Eamonn Guinnane and Evelyn Guinnane

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


March 4, 2011

GUINNANE CONSTRUCTION COMPANY, INC.,
UNITED STATES DISTRICT COURT PLAINTIFF AND COUNTERCLAIM
DEFENDANT,
AND REQUESTING FURTHER FOR THE NORTHERN DISTRICT OF CALIFORNIA BRIEFING FROM PARTIES
v.
EAMONN GUINNANE AND EVELYN GUINNANE,
DEFENDANTS AND COUNTERCLAIMANTS, AND
ROY MICHAEL GUINNANE,
COUNTERCLAIM DEFENDANT.

The opinion of the court was delivered by: Richard Seeborg United States District Judge

*E-Filed 3/4/11*

ORDER RESCHEDULING HEARING

Plaintiff Guinnane Construction Company, Inc. (GCCI) filed a motion for leave to file an

22 amended complaint. GCCI primarily seeks leave to join an additional plaintiff with new claims 23 allegedly arising out of the same series of transactions or occurrences as those advanced in the 24 present complaint. In its motion, GCCI states, "after reviewing and evaluating the discovery 25 responses and relevant documents produced in the litigation to date, GCCI recognized that its initial 26 allegation concerning the amount owed to GCCI was incorrect." Accordingly, in its proposed first 27 amended complaint GCCI also intends to decrease the amount of damages sought to $19,928 from 28

NO. C 10-03068 RS ORDER RESCHEDULING HEARING the $470,728 amount initially pleaded. Defendants, while opposing joinder of the additional 2 plaintiff, state in their Opposition that they have no objection to the restatement of damages. 3

This matter is before the Court solely based on diversity jurisdiction. GCCI filed its suit in San Francisco Superior Court and defendants removed to federal court in July 2010. After initial 5 discovery, GCCI now states an amount in controversy based on its claims that falls below the 6 jurisdictional requirement of $75,000. See 28 U.S.C. 1332(a). Therefore, prior to the hearing on 7

GCCI's motion for leave to file an amended complaint, the Court seeks briefing from the parties on 8 whether this case should be remanded for lack of subject matter jurisdiction. The parties shall file 9 their briefs, limited to fifteen pages, within three weeks of the date of this order. If they wish, the parties may each file brief responses, limited to five pages, within one week thereafter. United States District Court

The hearing presently set for March 10, 2011 is vacated and a consolidated hearing on For the Northern District of California

GCCI's motion and the Court's question will be held on April 7, 2011 at 1:30 p.m. 13 14

T IS SO ORDERED.

NO. C 10-03068 RS

20110304

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