Johnson Okunnuga v. Quest Diagnostics, Incorporated et al

Filing 7

ORDER REMANDING CIVIL ACTION TO SUPERIOR COURT by Judge R. Gary Klausner remanding case to Los Angeles County Superior Court, Case number BC623900 Case Terminated. Made JS-6 (bp)

JS-6

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 16-7847-RGK (JCx)

Title

JOHNSON OKUNNUGA v. QUEST DIAGNOSTICS, INC. et al

Present: The
Honorable

Date

October 24, 2016

R. GARY KLAUSNER, U.S. DISTRICT JUDGE

Sharon L. Williams

Not Reported

N/A

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not Present

Not Present

Proceedings:

(IN CHAMBERS) ORDER REMANDING CIVIL ACTION TO
SUPERIOR COURT

On October 20, 2016, Defendant Quest Diagnostics (“Quest”) removed this action from the Los
Angeles County Superior Court to the United States District Court, Central District of California on the
basis of diversity jurisdiction.
Removal jurisdiction is governed by statute. See 28 U.S.C. §§ 1441, et seq. The Ninth Circuit
has held unequivocally that the removal statute is construed strictly against removal. Ethridge v. Harbor
House Rest., 861 F.2d 1389, 1393 (9th Cir. 1988). The strong presumption against removal jurisdiction
means that “the defendant always has the burden of establishing that removal is proper.” Gaus v. Miles,
Inc., 980 F.2d 564, 566 (9th Cir. 1992) (citing Nishimoto v. Federman-Bachrach & Assocs., 903 F.2d
709, 712 n.3 (9th Cir. 1990)); see also In re Ford Motor Co./Citibank (South Dakota), N.A., 264 F.3d
952, 957 (9th Cir. 2001) (“The party asserting federal jurisdiction bears the burden of proving the case is
properly in federal court.”).
Quest states that, although Defendant Kimberly Schumacher is a California citizen, she is
fraudulently joined, and should not be considered for purposes of determining diversity jurisdiction.
However, based on the face of the Complaint, it is not clear that Ms. Schumacher is fraudulent joined.
Nor has Quest met its burden of establishing fraudulent joinder. Therefore, the Court finds that the
presence in this action of Kimberly Schumacher, who is undisputedly California citizens, defeats
diversity jurisdiction.

CV-90 (06/04)

CIVIL MINUTES - GENERAL
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For the foregoing reasons, the above-entitled case is ordered REMANDED to the Superior
Court for all further proceedings for lack of subject matter jurisdiction.
IT IS SO ORDERED.

:
Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL
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