Garcia-Acosta v. The TJX Companies, Inc.

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 5| LUZ GARCIA-ACOSTA, Case No. 2:24-cv-00427-NJK 6 Plaintiff(s), v. Order To Show Cause 8]| THE TJX COMPANIES, INC., 9 Defendant(s).

10 Defendant removed this case on diversity jurisdiction grounds. Docket No. 1. The 11} complaint on its face does not show that more than $75,000 is in controversy, but Defendant notes 12} that Plaintiff has identified $24,328.87 in medical specials, see Docket No. 1-4 at 5, and made a settlement demand of $125,000, see Docket No. 1-5 at 1. It is not clear that these circumstances 14] suffice to demonstrate that the amount in controversy exceeds $75,000. See, e.g., Randolph v. Albertsons LLC, 2020 WL 7055894, at *2 (D. Nev. Dec. 2, 2020) (case involving $32,811.24 in 16] medical costs and a settlement demand of $164,800); Guerrero v. Panda Express, Inc., 2019 WL 17} 1933751, at *2 (D. Nev. May 1, 2019) (case involving $17,651.92 in medical costs and a settlement 18] demand of $100,000); Cayer v. Vons Cos., 2017 WL 3115294, at *3-4 (D. Nev. July 21, 2017) 19] (case involving $40,054.76 in actual damages and a settlement demand of $1,000,000); Hanshew 20] v. Blazin Wings, Inc., 2016 WL 7489043, at *2 (D. Nev. Dec. 30, 2016) (case involving $41,537.41 21] in medical costs and lost wages, and a settlement demand of $325,000).

22 Accordingly, Defendant is hereby ORDERED to show cause in writing, no later than April 23] 10, 2024, why this case should not be remanded for lack of subject matter jurisdiction. Plaintiff 24|| must file a response by April 24, 2024. Defendant may file a reply by May 1, 2024.

25 IT IS SO ORDERED.

26 Dated: March 27, 2024 “fe.

Nancy J.. Koppe 28 United Statés Magistrate Judge