National Consumers League v. Bimbo Bakeries USA

MEMORANDUM OPINION

The Honorable Royce C. Lamberth, U.S. District Court Judge

The sole question before this Court is whether it has subject matter jurisdiction over this case, and, if so, whether an award of attorneys’ fees to the plaintiff is appropriate. Defendant BBUSA, resisting remand, claims that there is either diversity jurisdiction under 28 U.S.C. § 1332(a) or jurisdiction under the Class Action Fairness Act (“CAFA”), 28 U.S.C. § 1332(d). Under § 1332(a), diversity of citizenship is not an issue, as the NCL is an incorporated resident of Washington, D.C., and BBUSA is incorporated in…