Fiesta Pediatric Therapy Incorporated et al v. Zuniga

Filing 9

ORDER TO SHOW CAUSE: By February 22, 2017, Plaintiffs/counterdefendants (as the removing party with the burden of establishing federal subject matter jurisdiction) shall show cause why this case should not be remanded to state court. See document for details. Signed by Senior Judge James A Teilborg on 2/8/17. (EJA)

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WO

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Fiesta Pediatric Therapy Incorporated, et al.,
Plaintiffs/counterdefendants,

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ORDER TO SHOW CAUSE

v.

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No. CV-17-00247-PHX-JAT

Joanne Zuniga,

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Defendant/counterclaimant.

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“Inquiring whether the court has jurisdiction is a federal judge=s first duty in every

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case.” Belleville Catering Co. v. Champaign Market Place, L.L.C., 350 F.3d 691, 693

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(7th Cir. 2003). In this case, the notice of removal fails to sufficiently plead jurisdiction.

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Generally, federal subject matter jurisdiction must exist based on the plaintiff=s

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complaint. See Takeda v. Northwestern Nat. Life Ins. Co., 765 F.2d 815, n. 9 (9th Cir.

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1985) (A[U]nder the present statutory scheme as it has existed since 1887, a defendant

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may not remove a case to federal court unless the plaintiff=s complaint establishes that the

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case >arises under= federal law.@) (quoting Franchise Tax Board v. Construction Laborers

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Vacation Trust, 463 U.S. 1, 10 (1983)).

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In this case, Plaintiffs/Counterdefendants state in their notice of removal that

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removal is based on Defendant/Counterclaimants’ counterclaim. Doc. 1 at 2. Standing

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alone, that is not a sufficient basis for federal subject matter jurisdiction.

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Therefore,

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IT IS ORDERED that by February 22, 2017, Plaintiffs/counterdefendants (as the

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removing party with the burden of establishing federal subject matter jurisdiction) shall

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show

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Defendant/counterclaimant may respond within 10 calendar day (3 days for mailing shall

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not be added to the 10 days). Plaintiffs/counterdendants may reply within 5 calendar

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days (3 days for mailing shall not be added to the 5 days).

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cause

why

this

case

should

Dated this 8th day of February, 2017.

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-2-

not

be

remanded

to

state

court.