Ben v. Union Pacific Railroad Company et al
ORDER TO SHOW CAUSE: Defendants Limon Hospitality, LLC and Bruce Rahmani show cause by 11/06/15, why this action should not be remanded to the Superior Court. See order for details. Signed by Judge Neil V. Wake on 10/29/15. (NKS)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
ORDER TO SHOW CAUSE
Union Pacific Railroad Company; Limon
Hospitality, LLC; Bruce Rahmani; et al.,
The Notice of Removal (Doc. 1) fails to adequately allege subject matter and
The Notice of Removal claims the Court has original jurisdiction over the action
under 28 U.S.C. § 1332. But it does not allege the state of principal place of business of
Defendant Union Pacific Railroad Company. Breitman v. May Co. California, 37 F.3d
562, 564 (9th Cir. 1994). Nor does it allege the identity and citizenship of every member
of Defendant Limon Hospitality, LLC, which it claims is a limited liability company. See
Sonoma Falls Developers, LLC v. Nevada Gold & Casinos, Inc., 272 F. Supp. 2d 919,
921-23 (N.D. Cal. 2003).
The Notice of Removal also claims this action may be removed under 28 U.S.C.
§ 1441(a). But it does not allege that all Defendants have joined in or consented to the
removal. 28 U.S.C. § 1446(b)(2)(A). Nor does it explain how Defendant Union Pacific
Railroad Company can join in the removal now, given that the time to remove appears to
have expired. 28 U.S.C. § 1446(b)(2)(B). Nor does it explain how this action can be
removed at all, given that this action appears to be a civil action in a state court against a
railroad arising under the Federal Employers’ Liability Act, 45 U.S.C. §§ 51 et seq. 28
U.S.C. § 1445(a).
These omissions matter because Defendants bear the burden of establishing
federal jurisdiction and the removal statute is strictly construed against removal
jurisdiction. Emrich v. Touche Ross & Co., 846 F.2d 1190, 1195 (9th Cir. 1988).
IT IS THEREFORE ORDERED that Defendants Limon Hospitality, LLC and
Bruce Rahmani show cause by November 6, 2015, why this action should not be
remanded to the Superior Court.
Dated this 29th day of October, 2015.
Neil V. Wake
United States District Judge
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