Sales Data Alone Insufficient To Support CAFA Jurisdiction In Gerber's Graduates Puffs Labeling Case

In Gyorke-Takatri v. Nestle USA, Inc., the United States District Court for the Northern District of California held that parties in a class action seeking to remove an action to federal court must provide sufficient admissible evidence supporting the jurisdictional basis for removal. No. 15-cv-03702-YGR.¹  Judge Yvonne Gonzalez Rogers remanded to California state court an action involving Gerber Products Co.'s Graduates Puffs as a result of insufficient admissible evidence.

Gerber removed the action to federal court under the Class Action Fairness Act (CAFA), 28 U.S.C. § 1332(d).  CAFA requires an amount in controversy of at least $5 million.  Gerber argued that the sales amount of Graduates Puffs in California exceeded $5 million during the alleged period and should satisfy the statutory amount.  Gerber attempted to prove this monetary amount through the affidavit of one of its employees who had reviewed sales data provided by a third party researcher tracking the