Bere v. MGA Health Care

Filing 19

ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE REMANDED Show Cause Response due by 5/18/2016.. Signed by Judge Alsup on 5/13/2016. (whalc2, COURT STAFF) (Filed on 5/13/2016)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SUANO BERE,

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For the Northern District of California

United States District Court

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No. C 16-01346 WHA

Plaintiff,
v.

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MGA HEALTHCARE STAFFING INC.,

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ORDER TO SHOW CAUSE WHY
THIS ACTION SHOULD NOT BE
REMANDED

Defendant.
/

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On March 18, 2016, defendant filed a notice of removal in this pro se employment

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action on the basis that the action arises under the Federal Medical Leave Act (FMLA) (29

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U.S.C. Section 2601). A motion to dismiss is currently pending and hearing is set for May 26,

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2016. The face of the complaint, however, appears to only allege state law claims (although it

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mentions the FMLA in passing) and the parties are not diverse.

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BY MAY 18, 2016, AT NOON, defendant is ORDERED TO SHOW CAUSE why this Court

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has subject-matter jurisdiction over this action. In particular, defendant should address why the

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claims are sufficient for federal question jurisdiction given that any potential FMLA claim

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would also arise under the California Family Rights Act and the remaining claims also

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apparently arise under state law. See Duncan v. Stuetzle, 76 F3d 1480 (9th Cir. 1996); William

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W. Schwarzer, A. Wallace Tashima & James Wagstaffe, Cal. Prac. Guide: Fed. Civ. Pro.

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Before Trial § 2:592 (The Rutter Group 2016). Defendant’s submissions should not exceed five

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double spaced pages.

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Pro se plaintiff is advised that he may seek assistance from the Legal Help Center, a free

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service of the Volunteer Legal Services Program, by calling 415-782-8982, or by signing up for

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an appointment on the15th Floor of the Federal Courthouse in San Francisco, 450 Golden Gate

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Avenue, San Francisco, California. At the Legal Help Center, plaintiff will be able to speak

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with an attorney who may be able to provide basic legal help, but not representation. More

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information is available online at: http://cand.uscourts.gov/helpcentersf. Plaintiff may also wish

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to obtain a copy of the district court’s Handbook for Litigants Without a Lawyer. It provides

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instructions on how to proceed at every stage of your case, including discovery, motions, and

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trial. The handbook is available in person at the Clerk’s Office and online at:
http://cand.uscourts.gov/prosehandbook.

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For the Northern District of California

United States District Court

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IT IS SO ORDERED.

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Dated: May 13, 2016.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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