Free Order - District Court of California - California

Case 3:08-cv-00434-BTM-POR

Document 8

Filed 03/25/2008

Page 1 of 1

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 IT IS SO ORDERED. 24 25 DATED: March 24, 2008 26 27 28 Honorable Barry Ted Moskowitz United States District Judge 1 vs. EDUCATION MANAGEMENT CORPORATION, Defendant. On March 10, 2008, the Court issued an Order to Show Cause ("OSC") why this GREG CAMPBELL, Plaintiff, CASE NO. 08CV434 BTM (POR) ORDER RE: OSC

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

case should not be remanded for lack of jurisdiction. Specifically, the Court noted that although Defendant asserts that the Court has diversity jurisdiction over this action, it is unclear whether the jurisdictional amount had been met. In response, the parties have established that because Plaintiff's salary and benefits exceeded $50,000 per year, Plaintiff's lost wages claim alone will likely satisfy the jurisdictional amount. The parties also point out that, in addition to the lost wages claim, Plaintiff brings claims for emotional distress and punitive damages. The Court is satisfied that diversity

jurisdiction exists. This case shall not be remanded at this time.

08CV434 BTM (POR)