Dancel v. Groupon, Inc.

Record failed to contain sufficient evidence to support removal of instant state-court class action, alleging that defendant improperly used class members’ photographs to promote defendant’s product, where defendant’s notice of removal merely stated that proposed class “undoubtedly would include at least some undetermined number of non-Illinois and Non-Delaware citizens as class plaintiffs.” Class Action Fairness Act permits removal of proposed class action as long as defendant can show that one member of class is citizen of state different from any one defendant, and defendant’s notice of removal failed to identify said member. As such, limited remand (which would allow defendant to conduct discovery) was required for defendant to identify such class member in order for Dist. Ct. to acquire jurisdiction over case and to allow Ct. of Appeals to consider issues raised by plaintiff class on appeal.