Kastler v. Oh My Green, Inc.
- Haywood Gilliam
- 4:19-cv-02411
- U.S. District Court · Northern District of California
- 1
In Kastler v. Oh My Green, Judge Gilliam ordered supplemental briefing on remand exceptions before deciding whether the case belongs in federal court.
Oh My Green, Inc. was ordered to file the supplemental brief; Anne Kastler's motion to remand was not decided by this order.
What happened
In Kastler v. Oh My Green, Inc., Anne Kastler asked the federal court to send the case back to state court. She initially argued that Oh My Green had not shown the requirements for federal jurisdiction under the Class Action Fairness Act.
In her reply, Kastler instead argued that two exceptions—the local controversy and home-state controversy exceptions—required remand even if those requirements were satisfied. The opinion does not decide whether either exception applies.
Judge Haywood S. Gilliam, Jr. ordered Oh My Green to file a supplemental brief of no more than five pages addressing the exceptions by October 7, 2019. No response filings were allowed, and the motion to remand remained unresolved in this order.
The detailed version
- Kastler v. Oh My Green, Inc. · No. 4:19-cv-02411
- Haywood Gilliam
- Oct. 1, 2019
Background
Anne Kastler filed a motion asking the court to remand, or return, the case to state court. She initially argued that Oh My Green, Inc. had not established the diversity and amount-in-controversy requirements for federal jurisdiction under the Class Action Fairness Act (CAFA).
Arguments and issue
In her reply brief, Kastler argued that even if Oh My Green had established both requirements, the local-controversy and home-state-controversy exceptions to CAFA required remand. The court noted that arguments raised for the first time in a reply are ordinarily treated as waived. But the court also stated that it has a duty to determine whether it has subject-matter jurisdiction over a removed case, whether or not the parties raise the issue.
Order
The court directed Oh My Green to file a supplemental brief, limited to five pages, addressing whether the local-controversy and home-state-controversy exceptions apply. The brief was due October 7, 2019, and the court allowed no responsive filings. This order did not decide the motion to remand or determine whether either exception applies.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.