Opinion
No. 14-56910
02-12-2015
KIERRE TOWNSEND, on behalf of herself, all others similarly situated, and the general public, Plaintiff - Appellee, v. BP AMERICA, INC., a Delaware corporation and BP CORPORATION NORTH AMERICA, INC., an Indiana corporation, Defendants, and BRINDERSON CONSTRUCTORS, INC., incorrectly identified as Brinderson Corporation, Defendant - Appellant.
NOT FOR PUBLICATION
D.C. No. 2:14-cv-05320-FMO-RZ MEMORANDUM Appeal from the United States District Court for the Central District of California
Fernando M. Olguin, District Judge, Presiding
Submitted January 5, 2015 Pasadena, California Before: KOZINSKI, W. FLETCHER and OWENS, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
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In light of the Supreme Court's decision in Dart Cherokee Basin Operating Co. v. Owens, No. 13-719, 2014 WL 7010692 (U.S. Dec. 15, 2014), we vacate the decision of the district court and remand for further proceedings. On remand, if Townsend challenges jurisdiction, Brinderson shall have the opportunity to provide evidence demonstrating that the case meets the requirements of 28 U.S.C. § 1332(d)(2). See Dart Cherokee, at *5.
We express no view as to the district court's determination that it lacked federal question jurisdiction over this case.
VACATED AND REMANDED. Costs to Appellant.