United States Ninth Circuit

In a putative class action against Lenscrafters alleging various labor code violations, an order remanding the case to state court for failure to timely file for removal is affirmed as: 1) federal law governs the determination whether a case exceeds the amount in controversy necessary for a diversity action to proceed in federal court, and thus it was unnecessary to determine whether a letter falls within the scope of the California mediation privilege; and 2) considering the letter at issue, Lenscrafters filed its notice of removal well over thirty days after it first could have ascertained that the case was removable.

Appellate Information

• Argued 08/09/2007
• Decided 08/16/2007
• Published 08/16/2007

Judges

• BERZON, Circuit Judge:, Before:  BERZON and IKUTA, Circuit Judges, and SINGLETON, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Elizabeth Staggs Wilson and Lauren T. Howard, Littler Mendelson, Los Angeles, CA, for the appellant.


• For Appellees:
  
• Jeffrey Spencer and Dirk Bruinsma, San Clemente, CA, for the appellees.