Case 2:14-cv-00290-SMJ Document 7 Filed 09/12/14

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3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF WASHINGTON

5 DANIELLE CUEVAS, No. 2:CV-14-0290-SMJ

6 Plaintiff, ORDER GRANTING PLAINTIFF’S 7 v. MOTION TO REMAND

8 LIVE NATION WORLDWIDE INC, a foreign corporation and subsidiary of 9 Live Nation Entertainment Inc. doing business as The George Amphitheatre; 10 DARON MALAKIAN, individually and the marital properties thereof if any; 11 SERJ TANKIAN, individually and the marital properties thereof if any; 12 SHAVO ODADJIAN, individually and the marital properties thereof if any; 13 JOHN DOLMAYAN, individually and the marital properties thereof if any; and 14 SYSTEM OF A DOWN an American Rock Band also known as SOAD also 15 known as System; JOHN AND JANE DOES, 16 Defendants. 17

18 Before the Court, without oral argument, are Plaintiff Danielle Cuevas’

19 Motion to Remand, ECF No. 4, and related Motion to Expedite, ECF No. 4-1.

20 Plaintiff maintains that the amount in controversy in this matter does not exceed

ORDER - 1 Case 2:14-cv-00290-SMJ Document 7 Filed 09/12/14

1 $75,000, and seeks to remand this case back to state court. Plaintiff also requests

2 an award of costs and fees pursuant to 28 U.S.C. § 1447(c). Defendant Live

3 Nation Worldwide Inc. stipulates to remanding the matter to state court but

4 opposes any awards of fees and costs. ECF No. 6. The Court having reviewed

5 the pleadings and file in this matter is fully informed.

6 As the parties agree that the amount in controversy does not exceed

7 $75,000, the Court finds that it does not have subject matter jurisdiction under 28

8 U.S.C. § 1332 and that remand of this matter to the Grant County Superior Court

9 is proper. However, as Plaintiff made a demand for $78,000, ECF No. 4 at 2, the

10 Court finds Defendant had objectively reasonable grounds to believe that the

11 amount in controversy in this matter was in excess of $75,000, and therefore the

12 Court finds that grounds existed to seek removal of this matter from state court.

13 Accordingly, Plaintiff’s request for award of costs and fees is denied.

14 Accordingly, IT IS HEREBY ORDERED:

15 1. Plaintiff’s Motion to Remand, ECF No. 4, is GRANTED IN PART

16 (remand) AND DENIED IN PART (award of costs and fees).

17 2. Plaintiff’s Motion to Expedite, ECF No. 4-1, is GRANTED.

18 3. This case is REMANDED to Grant County Superior Court, case

19 number 14-2-01073-3.

20 4. All pending motions are DENIED AS MOOT.

ORDER - 2 Case 2:14-cv-00290-SMJ Document 7 Filed 09/12/14

1 5. All hearings and other deadlines are STRICKEN.

2 6. The Clerk’s Office is directed to CLOSE this file.

3 IT IS SO ORDERED. The Clerk’s Office is directed to enter this Order

4 and provide copies to all counsel and the Grant County Superior Court.

5 DATED this 12th day of September 2014.

6 ______7 SALVADORLVADOR MMENDOZA,ENDOZA JJR.R United States District Judge 8

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Q:\SMJ\Civil\2014\Cuevas v. Live Nation Worldwide Inc.-0290\order.remand.lc1.docx ORDER - 3