Jon Carpenter v. Virgin America Inc

Filing 8

(In Chambers) Order REMANDING Case to Superior Court of California, County of Los Angeles by Judge Dale S. Fischer: The case is REMANDED to the Superior Court of California, County of Los Angeles. [See document for further details] (Case Terminated. Made JS-6) [cc: remand order, docket sheet, letter of remand sent to Superior Court of California, County of Los Angeles, case no. 10M09654) (Attachments: # 1 Letter of Transmittal CV-103) (ake)

-MAN Jon Carpenter v. Virgin America Inc

Doc. 8

cc: Remand Order, docket sheet, letter of remand to Los Angeles Superior Court Case #10M09654

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA MEMORANDUM

JS 6
Case No. Title

CV 10-7992 DSF (MANx)

Date

11/4/10

Jon Carpenter v. Virgin America, Inc. DALE S. FISCHER, United States District Judge Not Present Court Reporter Attorneys Present for Defendants: Not Present

Present: The Honorable

Debra Plato Deputy Clerk Attorneys Present for Plaintiffs: Not Present Proceedings:

(In Chambers) Order REMANDING Case to Superior Court of California, County of Los Angeles

Defendant Virgin America, Inc., removed this action based on federal question jurisdiction. There is no federal question stated on the face of the complaint. The notice of removal makes several assertions ­ without any argument ­ that various federal statutes and regulations apply to disability discrimination in air travel. However, even if these statutes and regulations are relevant to Plaintiff's claims, Defendant does not establish that "federal jurisdiction is consistent with congressional judgment about the sound division of labor between state and federal courts . . . ." Grable & Sons Metal Prods., Inc. v. Darue Eng'g & Mfg., 545 U.S. 308, 313-14 (2005). Defendant also makes no argument that federal aviation law completely preempts state disability law such that a state law case may be removed even if it states no federal claim on its face. See Hofler v. Aetna US Healthcare of Cal., Inc., 296 F.3d 764, 768 (9th Cir. 2002), abrogated on other grounds by Martin v. Franklin Capital Corp., 546 U.S. 132 (2005). The case is REMANDED to the Superior Court of California, County of Los Angeles. IT IS SO ORDERED.

CV-90 (12/02)

MEMORANDUM

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