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Garcia v. Air Serv Corp.

United States District Court, Ninth Circuit, California, C.D. California
Feb 27, 2015
CV 14-4620 DSF (CWx) (C.D. Cal. Feb. 27, 2015)

Opinion

          Attorneys for Plaintiffs: Not Present.

          Attorneys for Defendants: Not Present.


          Proceedings: (In Chambers) Order to Show Cause re Remand for Lack of Subject Matter Jurisdiction

          Honorable DALE S. FISCHER, United States District Judge.

         Removal was based on a purported need for the Court to interpret the collective bargaining agreement (CBA) for the union of which Plaintiff is a member. However, it is not clear why or how the interpretation of the terms of the CBA is at issue in this case. It is not sufficient for federal jurisdiction that resolution of a claim requires the Court to " look to" the CBA or that the claim and the CBA could have a " hypothetical connection." Burnside v. Kiewit Pac. Corp., 491 F.3d 1053, 1060 (9th Cir. 2007). There must be a need for actual interpretation of disputed terms for federal jurisdiction to attach.

         Therefore, Defendant is ordered to show cause, in writing, no later than March 13, 2015 why this case should not be remanded for lack of subject matter jurisdiction.

         IT IS SO ORDERED.


Summaries of

Garcia v. Air Serv Corp.

United States District Court, Ninth Circuit, California, C.D. California
Feb 27, 2015
CV 14-4620 DSF (CWx) (C.D. Cal. Feb. 27, 2015)
Case details for

Garcia v. Air Serv Corp.

Case Details

Full title:Roberta Garcia v. Air Serv Corp., et al

Court:United States District Court, Ninth Circuit, California, C.D. California

Date published: Feb 27, 2015

Citations

CV 14-4620 DSF (CWx) (C.D. Cal. Feb. 27, 2015)