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WATKINS v. VITAL PHARMACEUTICALS, INC.

No. 13-55755.

720 F.3d 1179 (2013)

Gabe WATKINS, on Behalf of Himself and All Other Persons Similarly Situated, Plaintiff-Appellee, v. VITAL PHARMACEUTICALS, INC., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 2, 2013.

Attorney(s) appearing for the Case

Anthony G. Brazil , Richard H. Nakamura, Jr. , and David J. Vendler , Morris Polich & Purdy LLP, Los Angeles, CA, for Defendant-Appellant.

Lionel Z. Glancy , Marc L. Godino , and Casey E. Sadler , Glancy Binkow & Goldberg LLP, Los Angeles, CA, for Plaintiff-Appellee.

Before: SIDNEY R. THOMAS, BARRY G. SILVERMAN, and RAYMOND C. FISHER, Circuit Judges.

OPINION

PER CURIAM:

Defendant-Appellant Vital Pharmaceuticals, Inc. appeals the district court's sua sponte order remanding this putative class action to state court for failure to establish the Class Action Fairness Act's (CAFA) requirement that at least $5 million is in controversy. We hold that we have appellate jurisdiction under 28 U.S.C. § 1453(c)(1) to consider the district court's sua sponte remand order, reverse the order remanding this case...

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