Denene Carla Owens v. Ford Motor Company et al

Docket(#14) TRANSMITTAL of documents to San Bernardino County Superior Court. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to San Bernardino County Superior Court, No. CIVSB2215918. (lc) (Entered: 04/13/2023)

Docket(#13) MINUTES (IN CHAMBERS) by Judge Mark C. Scarsi: ORDER REMANDING CASE. The Court ordered Defendant Ford Motor Co. to show cause why the case should not be remanded for an amount in controversy insufficient to support diversity jurisdiction. Defendant filed a response indicating that Plaintiff Denene Carla Owens is seeking $105,696.36 in damages and penalties alone. Plaintiff file da motion to remand confirming she does not dispute the action places over $75,000 in controversy but requesting remand for defects in the removal procedure. Defendant opposes the motion to remand, and Plaintiff filed a reply. The Court deems both matters appropriate for decision without oral argument. Because the Court lacks subject-matter jurisdiction, the Court does not reach Plaintiff s arguments that defects in the removal procedure require remand The Court remands the case to the San Bernardino County Superior Court, No. CIVSB2215918. The motion to remand is denied as moot #10 . The Court directs the Clerk to effect the remand immediately and close the case. (MD JS-6. Case Terminated.) (lc) Modified on 4/13/2023 (lc). (Entered: 04/13/2023)

Docket(#12) REPLY IN SUPPORT OF A MOTION NOTICE OF MOTION AND MOTION to Remand Case to San Bernardino Superior Court #10 filed by Plaintiff Denene Carla Owens. (Amarkarian, Allen) (Entered: 04/10/2023)

Docket(#11) OPPOSITION to NOTICE OF MOTION AND MOTION to Remand Case to San Bernardino Superior Court #10 filed by Defendant Ford Motor Company. (Attachments: #1 Declaration of Amy Maclear, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Maclear, Amy) (Entered: 04/03/2023)

Docket(#10) NOTICE OF MOTION AND MOTION to Remand Case to San Bernardino Superior Court filed by Plaintiff Denene Carla Owens. Motion set for hearing on 4/24/2023 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Declaration of Allen Amarkarian, #2 Proposed Order, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4) (Amarkarian, Allen) (Entered: 03/24/2023)

Docket(#9) RESPONSE filed by Defendant Ford Motor Companyto Minutes of In Chambers Order/Directive - no proceeding held,,, #8 to Order to Show Cause (Attachments: #1 Declaration of Andrew Trask, #2 Exhibit 1)(Trask, Andrew) (Entered: 03/17/2023)

Docket(#8) MINUTE ORDER IN CHAMBERS by Judge Mark C. Scarsi: ORDER TO SHOW CAUSE RE: SUBJECT-MATTER JURISDICTION. The Complaint in this case alleges a violation of the Song-Beverly Consumer Warranty Act. Defendant removed the action from state court, invoking diversity jurisdiction. The Court questions its jurisdiction over the action The Court orders Defendant to show cause why the case should not be remanded for lack of jurisdiction. Defendant shall file a written response within 14 days either acknowledging the Court lacks jurisdiction or establishing by a preponderance of evidence that the amount in controversy "more likely than not" exceeds $75,000.00. Plaintiffs may respond to Defendant's response within seven days of its filing. (lc) (Entered: 03/02/2023)

Docket(#7) INITIAL STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE MARK C. SCARSI upon filing of the complaint by Judge Mark C. Scarsi. (smo) (Entered: 02/28/2023)

Docket(#6) Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (jtil) (Entered: 02/28/2023)

Docket(#5) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) (Entered: 02/28/2023)

Docket(#4) NOTICE OF ASSIGNMENT of Eastern Division Removal Case and Notice re Consent to proceed before a U.S. Magistrate Judge. This case was initially assigned to District Judge Sunshine Suzanne Sykes and referred to Magistrate Judge Sheri Pym for discovery. Pursuant to General Order 21-01, this case has been randomly reassigned to District Judge Mark C. Scarsi. The case number on all documents filed with the Court in this case should read as follows: 5:23-cv-00311 MCS (SPx). (jtil) (Entered: 02/28/2023)

DocketNON CONFORMED COPY OF ANSWER to Complaint filed by Defendant Ford Motor Company, attached as Exhibit B.(jtil) (Entered: 02/28/2023)

DocketNON CONFORMED COPY OF COMPLAINT filed by Plaintiff Denene Carla Owens, attached as Exhibit A. (jtil) (Entered: 02/28/2023)

Docket(#3) NOTICE of Interested Parties filed by Defendant Ford Motor Company, A Delaware Coporation, identifying State Street Corporation, Black Rock, Inc., The Vanguard Group. (Maclear, Amy) (Entered: 02/24/2023)

Docket(#2) CIVIL COVER SHEET filed by Defendant Ford Motor Company, A Delaware Coporation. (Maclear, Amy) (Entered: 02/24/2023)

Docket(#1) NOTICE OF REMOVAL from San Bernardino Superior Court, case number CIVSB2215918 Receipt No: ACACDC-34850547 - Fee: $402, filed by Defendant Ford Motor Company, A Delaware Coporation. (Attachments: #1 Declaration, #2 Exhibit A - Complaint, #3 Exhibit B - Answer, #4 Proof of Service) (Attorney Amy Patricia Maclear added to party Ford Motor Company, A Delaware Coporation(pty:dft))(Maclear, Amy) (Entered: 02/24/2023)