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)

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