Opinion
Case No. 04-1111-JTM.
October 22, 2004
MEMORANDUM AND ORDER
This matter is before the court on the Motion to Remand of plaintiff MBNA America Bank. In his Notice of Removal, pro se defendant John Peterson makes no attempt to suggest that removal is appropriate based on federal diversity jurisdiction. His only claim in support of diversity is to allege that "the case at hand involves federal questions," and then proceeds to cite various federal banking statutes. (Dkt. No. 1, at 1).
Federal question jurisdiction is not shaped by defenses which might be raised to a claim, but on the nature of the original claim. See Karnes v. The Boeing Company, 885 F.3d 1189, 1192 (10th Cir. 2003). Here, no federal claim appears on the face of the Petition: MBNA action seeks a confirmation of an arbitration award under Kansas state law, K.S.A. 5-415. Further, defendant has failed to file any opposition to plaintiff's motion.
The plaintiff's motion will accordingly be granted both on the merits and as an unopposed matter pursuant to D.Kan.R. 7.4.
IT IS ACCORDINGLY ORDERED this 22d day of October, 2004, that the plaintiff's Motion to Remand (Dkt. No. 3) is hereby granted.