Roberta Garcia v. Air Serv Corporation et al

Filing 31

MEMORANDUM (IN CHAMBERS) ORDER TO SHOW CAUSE by Judge Dale S. Fischer re Remand for Lack ofSubject Matter Jurisdiction. Refer to the Court's order for details. (pso)

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA MEMORANDUM Case No. Title Date CV 14-4620 DSF (CWx) 2/27/15 Roberta Garcia v. Air Serv Corp., et al. Present: The Honorable DALE S. FISCHER, United States District Judge Debra Plato Deputy Clerk Not Present Court Reporter Attorneys Present for Plaintiffs: Attorneys Present for Defendants: Not Present Not Present Proceedings: (In Chambers) Order to Show Cause re Remand for Lack of Subject Matter Jurisdiction Removal was based on a purported need for the Court to interpret the collective bargaining agreement (CBA) for the union of which Plaintiff is a member. However, it is not clear why or how the interpretation of the terms of the CBA is at issue in this case. It is not sufficient for federal jurisdiction that resolution of a claim requires the Court to “look to” the CBA or that the claim and the CBA could have a “hypothetical connection.” Burnside v. Kiewit Pac. Corp., 491 F.3d 1053, 1060 (9th Cir. 2007). There must be a need for actual interpretation of disputed terms for federal jurisdiction to attach. Therefore, Defendant is ordered to show cause, in writing, no later than March 13, 2015 why this case should not be remanded for lack of subject matter jurisdiction. IT IS SO ORDERED. CV-90 (12/02) MEMORANDUM Page 1 of 1

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