Miller v. Free People, LLC et alMOTION to Remand PLAINTIFF'S MOTION TO REMANDD. Mass.September 2, 20141 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS LAUREN MILLER, individually and on behalf of all others similarly situated, Plaintiff, v. FREE PEOPLE, LLC and FREE PEOPLE OF PA LLC, Defendants. C.A. No: 1:14-cv-12018-NMG PLAINTIFF’S MOTION TO REMAND Plaintiff moves, pursuant to 28 U.S.C. § 1447 to remand this action to the Massachusetts Superior Court, from which it was removed by Defendants, because there is no federal subject matter jurisdiction over this action. In their removal papers, Defendants’ assert that federal jurisdiction exists is based solely on the Class Action Fairness Act of 2005 (“CAFA”). However, Defendants have not met their burden of demonstrating that the jurisdictional amount in controversy under CAFA has been satisfied and that, therefore, that this Court has subject matter jurisdiction. Absent subject matter jurisdiction, the Court cannot hear this action and must remand it to the Superior Court. This Motion is supported by Plaintiff’s contemporaneously filed Memorandum of Law in Support of Motion to Remand, and all pleadings and papers filed in this action. WHEREFORE, Plaintiff respectfully requests that this action be remanded to the Massachusetts Superior Court. Case 1:14-cv-12018-ADB Document 19 Filed 09/02/14 Page 1 of 3 2 CERTIFICATION PURSUANT TO LOCAL RULE 7.1(A)(2) Undersigned counsel certify that they have conferred with counsel for Defendant in a good faith effort to resolve or narrow the issues raised by this Motion, but were unable to do so. Dated: September 2, 2014 LAUREN MILLER individually and on behalf of all others similarly situated, /s/ David Pastor David Pastor (BBO# 391000) PASTOR LAW OFFICE, LLP 63 Atlantic Avenue, 3rd Floor Boston, MA 02110 Tel: (617) 742-9700 Fax: (617) 742-9701 Email: dpastor@pastorlawoffice.com D. Greg Blankinship (BBO# 655430) FINKELSTEIN, BLANKINSHIP, FREI- PEARSON & GARBER, LLP 1311 Mamaroneck Avenue, Suite 220 White Plains, NY 10605 Tel: (914) 298-3281 x 2801 Fax: (914) 824-1561 Email: gblankinship@fbfglaw.com Preston W. Leonard (BBO# 680991) LEONARD LAW OFFICE, P.C. 63 Atlantic Avenue, 3rd Floor Boston, MA 02110 Tel: (617) 329-1295 Email: pleonard@theleonardlawoffice.com Case 1:14-cv-12018-ADB Document 19 Filed 09/02/14 Page 2 of 3 3 CERTIFICATE OF SERVICE I hereby certify that this document filed through the ECF system will be sent electronically to the registered participants as identified on the Notice of Electronic Filing (NEF) and paper copies will be sent to those indicated as non-registered participants on September 2, 2014. /s/ David Pastor_____________________ David Pastor Case 1:14-cv-12018-ADB Document 19 Filed 09/02/14 Page 3 of 3
