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Tredoux v. Steven

August 9, 2010

PIETER TREDOUX, PLAINTIFF,
v.
JACK STEVEN, KUBA MUSIC LIMITED, AND KUBA ENTERTAINMENT LIMITED, DEFENDANTS.



The opinion of the court was delivered by: Jane J. Boyle United States District Judge

MEMORANDUM OPINION & ORDER

Before the Court is Plaintiff Pieter Tredoux's Motion to Remand, filed February 13, 2010. (doc. 3.) Finding that Defendants have failed to submit evidence sufficient to carry their burden of establishing the requisite amount in controversy, the Court GRANTS Plaintiff's Motion to Remand.

I. BACKGROUND

This case was filed by Plaintiff Pieter Tredoux ("Plaintiff") on October 15, 2009, in the 193rd Judicial District Court in Dallas County, Texas, asserting claims under Texas law for, inter alia, breach of contract and breach of fiduciary duty. (doc. 1, ¶ 1.) Named as defendants were Jack Steven, Kuba Music Limited, and Kuba Entertainment Limited (collectively, "Defendants").

On February 10, 2010, Defendants removed the case to this Court on the basis of diversity jurisdiction. All defendants joined in the removal. (doc. 1, ¶ 14.) Plaintiff filed the instant Motion to Remand on February 13, 2010, contending that Defendants failed to establish federal jurisdiction under 28 U.S.C. §§ 1332 and 1441(a). Specifically, Plaintiff argues Defendants did not establish that the amount in controversy exceeds the sum of $75,000. In the alternative, Plaintiff contends that Defendants failed to timely remove the state court action within the thirty days required under 28 U.S.C. § 1446(b). Defendants respond that the amount in controversy exceeds $75,000, exclusive of interest and costs, and that removal was timely. (doc. 11.) The parties have fully briefed the issues, and the Court now turns to the merits of the arguments.

II. LEGAL STANDARD

In an action which has been removed from state court, the removing party bears the burden of establishing federal jurisdiction. De Aguilar v. Boeing ...


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