The strong presumption against removal jurisdiction means that the defendant always has the burden of establishing that removal is proper. Post-removal stipulations typically will not deprive a federal court of jurisdiction, provided such jurisdiction was proper in the first instance. The Ninth Circuit "strictly construe[s] the removal statute against removal jurisdiction. Conversely, when an objectively reasonable basis exists, fees should be denied. The Dow Chemical Co. Where "the threatened prejudice would not be severe, then it must be apparent that the underlying motion has a high likelihood of success on the merits. Since the likelihood of Plaintiff's success on the merits is not merely high, but certain, even a small amount of prejudice will permit this Court to provide ex parte relief. As explained below, this Court does not have subject matter jurisdiction over Plaintiff's action.
In order to be entitled to ex parte relief "the evidence must show that the moving party's cause will be irreparably prejudiced if the underlying motion is heard according to regular noticed motion procedures [and]. Defendants also believed that Plaintiff's stipulation would be irrelevant in Plaintiff's Motion to Remand, as is often the case in regards to post-removal stipulations, as explained above. Estes Express Lines, Inc. As explained below, this Court does not have subject matter jurisdiction over Plaintiff's action. When the amount in controversy is unclear from the face of the Complaint, "the defendant bears the burden of actually proving the facts to support jurisdiction, including the jurisdictional amount. Where "the threatened prejudice would not be severe, then it must be apparent that the underlying motion has a high likelihood of success on the merits. To find irreparable prejudice, the Court must look to the merits of the accompanying motion. If drastic harm is threatened, then it is sufficient to show that there are close issues that justify the court's review before the party suffers the harm. Accordingly, federal jurisdiction must be rejected if there is any doubt as to the right of removal in the first instance. A defendant seeking removal must "be held to a higher burden than showing a mere possibility that the jurisdictional amount is satisfied. Post-removal stipulations typically will not deprive a federal court of jurisdiction, provided such jurisdiction was proper in the first instance. The Dow Chemical Co. The strong presumption against removal jurisdiction means that the defendant always has the burden of establishing that removal is proper. Courts use a "sliding scale" when analyzing prejudice. The ambiguous nature of the proposed damages was, however, clarified by Plaintiff's March 8, stipulation. Conversely, when an objectively reasonable basis exists, fees should be denied. Defendants believed that Plaintiff's claims during settlement negotiations were genuine and not mere puffery. While a post-removal stipulated amendment to a requested amount in controversy may not independently defeat this Court's jurisdiction, a post-removal clarifying stipulation may. Proffered evidence by the Defendants to rebut this stipulation, particularly as it relates to settlement negotiations, amount to nothing more than puffery on the part of Plaintiff to elicit a favorable settlement, and cannot be a basis for meeting Defendants' burden under the Gaus standard here. To require Plaintiff to litigate claims in a court where jurisdiction is not proper would unquestionably prejudice Plaintiff. Since the likelihood of Plaintiff's success on the merits is not merely high, but certain, even a small amount of prejudice will permit this Court to provide ex parte relief. The fact that Defendants were mistaken does not create an unusual circumstance justifying the award of attorney's fees. A defendant may remove a civil action from state court to federal court if original jurisdiction would have existed in the federal court at the time the complaint was filed. The Ninth Circuit "strictly construe[s] the removal statute against removal jurisdiction. See generally Gwyn v. When a post-removal stipulation does not change the pleadings, but rather simply clarifies an ambiguity in the amount in controversy, a court may consider the stipulation as evidence of a failure to satisfy the amount in controversy. In order to survive remand, the removing defendant must demonstrate that the amount in controversy requirement is satisfied by a preponderance of the evidence.
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