Free Order to Show Cause - District Court of California - California

Case 3:07-cv-02276-BTM-POR

Document 4

Filed 12/13/2007

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1 2 3 4 5 6 7 8 9 10 11 v. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Honorable Barry Ted Moskowitz United States District Judge THORNE RESEARCH, INC., et al. Defendants. Plaintiff filed this action asserting jurisdiction under the Class Action Fairness Act, 28 U.S.C. § 1332(d)(2). Upon review of the Complaint, it is not apparent to the Court that the aggregate amount in controversy exceeds the sum or value of $ 5,000,000.00 as required by CAFA. Plaintiff merely speculates that "[b]ased on the annual sales of the Product and the popularity of the Product, it is apparent that the number of consumers of the misbranded Product would at least be in the many thousands" and makes no showing of what the damages would be per consumer. Therefore, the Court orders Plaintiff to show cause why this case should not be dismissed for lack of jurisdiction. The parties shall file written responses to this OSC on or before December 28, 2007. The Court sets the OSC for hearing on January 15, 2008 at 4:00 p.m. IT IS SO ORDERED. DATED: December 12, 2007 ADRIANNE SMITH, individually and on behalf of other members of the general public similarly situated, Plaintiff, CASE NO. 07cv2276 BTM (POR) ORDER TO SHOW CAUSE

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

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07cv2276

Case 3:07-cv-02276-BTM-POR

Document 4

Filed 12/13/2007

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07cv2276