Good v. Google LLC et al
Filing
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ORDER TO SOCIETE AIR FRANCE TO SHOW CAUSE RE: MOTION TO REMAND. Signed by Judge Jacqueline Scott Corley on 11/21/2022. Show Cause Response due by 12/1/2022. (ahm, COURT STAFF) (Filed on 11/21/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
Case 3:22-cv-05622-JSC Document 92 Filed 11/21/22 Page 1 of 7
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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DIAMOND GOOD,
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Case No. 22-cv-05622-JSC
Plaintiff,
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v.
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GOOGLE LLC, et al.,
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Defendants.
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ORDER TO SOCIETE AIR FRANCE
TO SHOW CAUSE RE: MOTION TO
REMAND
Re: Dkt. No. 25
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Diamond Good (“Plaintiff”) brought this lawsuit against Google LLC, Meta Platforms,
United States District Court
Northern District of California
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Inc., Airbnb, Inc, WhatsApp LLC, Hipcamp, Inc., and Air France-KLM Group in Santa Clara
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County Superior Court. (Dkt. No. 1-1.)1 After Plaintiff filed the first amended complaint (“FAC”)
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in state court, Societe Air France—a subsidiary of the Air France-KLM Group—appeared and
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removed this matter to federal Court pursuant to 28 U.S.C. §§ 1441 and 1446.2 Plaintiff moves to
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remand. (Dkt. No. 25.) Societe Air France is ordered to show cause as to how it can properly
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remove this matter under 28 U.S.C. § 1441(a) where Societe Air France is not a named defendant
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in the FAC and, in fact, moved to dismiss on grounds that this Court lacks personal jurisdiction
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over the Air France-KLM Group. (Dkt. No. 37 at 12.)
BACKGROUND
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I.
Complaint Allegations
Plaintiff’s FAC is difficult to follow. According to Plaintiff, the “problem started when a
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former client Christina Glaser Hall tried to get a refund by making false claims.” (Dkt. No. 1-1 at
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5.) Plaintiff refused to provide a refund and declined to offer further services to Hall. (Id.) Hall
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Record citations are to material in the Electronic Case File (“ECF”); pinpoint citations are to the
ECF-generated page numbers at the top of the documents.
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Societe Air France appeared in this matter, indicated it was “incorrectly named as Air FranceKLM Group,” and filed a notice that Societe Air France is a subsidiary of the Air France – KLM
Group.” (Dkt. No. 2.)
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United States District Court
Northern District of California
Case 3:22-cv-05622-JSC Document 92 Filed 11/21/22 Page 2 of 7
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then contacted various individuals and companies to create a united effort to “ruin [Plaintiff]
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financially, socially, and in other ways.” (Id.) Subsequently, various individuals have explained to
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Plaintiff how this “hate group” “ruins” people who fail to conform. (Id.) The FAC then details
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allegations related to various members of the hate group.
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A.
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Plaintiff used Meta’s Facebook platform to advertise land she rented to RV owners. (Id.)
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Facebook users were interested in these advertisements because the land—which is in Arizona—
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had warm weather. (Id. at 5–6.) While communicating with potential customers via Facebook,
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Facebook deactivated Plaintiff’s account. (Id. at 6.) Plaintiff used an older account instead. (Id.)
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But as soon as Plaintiff used that account to post pictures of the Arizona rental space, Facebook
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deactivated the second account. (Id.)
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WhatsApp and Meta
Plaintiff then details conversations with various individuals related to Facebook and
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WhatsApp. For example, a man in Phoenix who knew about her Facebook activities and another
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man—in Miami—objected to “certain things” Plaintiff “said about Black people.” (Id.) Another
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man in Phoenix mentioned a WhatsApp chatgroup related to a Haitian individual also in that
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chatgroup. And a third man in Florida gave Plaintiff a ride, told Plaintiff an anonymous “they”
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were mad, referenced statements Plaintiff made in private, and discussed Facebook and WhatsApp
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posts Plaintiff made about Donald Trump. (Id.)
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Based on these events, Plaintiff alleges that WhatsApp utilized Plaintiff’s phone’s
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microphone, listened to the conversations made inside Plaintiff’s apartment, and read Plaintiff’s
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correspondence. (Id.) WhatsApp did so—along with Google and the rest of the hate group—to
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modify what Plaintiff said in private, share those statements publicly, and have others carry out
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hate acts against Plaintiff. (Id.)
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B.
Hipcamp and Airbnb
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According to Plaintiff, Hipcamp and Airbnb “were used to sabotage” Plaintiff’s business
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plans because these vendors set up Plaintiff’s account to “prevent potential clients from easily
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having access” to listings. (Id. at 7.) Budget conscious customers were interested in Plaintiff’s
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listings because Plaintiff offered cheaper “no hookup” spaces for RVs in a location with good
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Case 3:22-cv-05622-JSC Document 92 Filed 11/21/22 Page 3 of 7
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weather and access to a “sunny small town” in Arizona. (Id. at 7–8.) However, Hipcamp and
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Airbnb allegedly suppressed Plaintiff’s account and Plaintiff received only one booking for one
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day. (Id. at 8)
United States District Court
Northern District of California
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Plaintiff alleges that “the hategroup wanted to use the booking to induce [Plaintiff] to come
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online” so the hate group could track Plaintiff and carry out hate acts. (Id.) Plaintiff alleges that
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internal notes at Airbnb would show unequal treatment and that Plaintiff previously had good
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reviews as a host on Airbnb. (Id.) Plaintiff had no prior relationship with Hipcamp. (Id.)
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C.
Google
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The allegations against Google are the most voluminous and are difficult to parse. In
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short, Plaintiff bought land in Arizona and communicated with the land vendor via a Google
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Gmail account. (Id. at 8.) Many “members of the hategroup” emailed Plaintiff through the Gmail
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account offering services. (Id.) Plaintiff alleges Google took advantage of its access to Plaintiff’s
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phone to listen to conversations and modify data without Plaintiff’s knowledge. (Id.) For
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example, Google employees allegedly snoozed or deleted emails sent to Plaintiff. (Id. at 9.)
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Google and other group members then allegedly tracked Plaintiff and in Paraguay and Cape
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Verde. (Id.) Plaintiff aimed to open an Airbnb operation in Cape Verde with the help of an expat
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named “Angelo.” (Id.) But Angelo failed to respond to Plaintiff’s emails via Gmail. (Id.)
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Plaintiff alleges Google and other defendants turned Angelo against Plaintiff. (Id.)
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D.
Air France-KLM Group
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The Air France-KLM Group’s role was “to keep [Plaintiff] in Nigeria where [Plaintiff] was
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in danger.” (Id. at 7.) While in Nigeria, there were “several attempts to run [Plaintiff] over.” (Id.)
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When Plaintiff attempted to leave Nigeria, Plaintiff’s flight was cancelled. (Id.) Customer service
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did not help Plaintiff. (Id.) Plaintiff booked another flight ticket and the Air France-KLM Group
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refused to refund the difference in airfare. (Id.) The Air France-KLM Group aimed “to keep
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[Plaintiff] in Nigeria so [Plaintiff] would be hurt” and “to help ruing [Plaintiff] even more
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financially by forcing [Plaintiff] to pay higher new flight ticket cost to leave Nigeria.” (Id.)
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Based on these allegations, Plaintiff brings a claim of “General Negligence” against all
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Case 3:22-cv-05622-JSC Document 92 Filed 11/21/22 Page 4 of 7
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Defendants. (Id. at 3.) Plaintiff claims to have suffered “rental income loss, potential career and
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thus wage loss, defamation of character, future business income loss.” (Id.) Plaintiff seeks
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$99,223 as well as punitive damages for ruining Plaintiff’s business plans and “their hate activities
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that have lifetime consequences, and will forever impair [Plaintiff’s] chances of successfully
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running any kind of money making endeavor.” (Id. at 13.) According to Plaintiff, “[a]ll the
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defendants engaged in the tort of General Negligence when they allowed their employees to have
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access to [Plaintiff’s] data and company tools – that they were able to use in ruining [Plaintiff’s]
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business, and spreading hate to induce others to maltreat [Plaintiff] – without effective oversight to
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ensure their staff do not use the data and tools at their disposal to hurt anyone.” (Id.)
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II.
Procedural Background
Plaintiff filed the FAC in Santa Clara County Superior Court on September 28, 2022.
United States District Court
Northern District of California
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(Dkt. No. 1-1.) Societe Air France, an Air France-KLM Group subsidiary, removed the matter to
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this Court a day later. (Dkt. No. 1.) The following motions are currently pending:
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Hipcamp’s Motion to Compel Arbitration (Dkt. No. 13.)
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Google’s Motion to Dismiss the FAC (Dkt. No. 18.)
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Plaintiff’s Motion to Remand (Dkt. No. 25.)
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Air France’s Motion to Dismiss (Dkt. No. 37.)
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Airbnb’s Motion to Compel Arbitration (Dkt. No. 60.)
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Meta and WhatsApp’s Motion to Dismiss (Dkt. No. 77.)
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Plaintiff’s Motion to Compel Appearance of Air France-KLM group (Dkt. No. 79.)
Plaintiff has re-noticed the Motion to Remand (Dkt. No. 25) on multiple occasions, (Dkt.
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Nos. 51, 66, 89, 90). Plaintiff sought ex-parte hearings on that motion and moved to shorten time
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to hear the Motion to Remand. (Dkt. No. 52). The Court denied Plaintiff’s request. (Dkt. No. 73.)
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Plaintiff filed a motion requesting interlocutory appeal of that order. (Dkt. No. 75.) Plaintiff also
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filed a 99-page letter addressed to this Court and to the Chief Judge of this district accusing the
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Court of colluding with Defendants to obstruct the remand. (Dkt. No. 84 at 19.)3
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Plaintiff also filed Motions to Vacate consent to a Magistrate Judge. (Dkt. Nos. 49, 50, 54.)
Those motions are moot as Plaintiff’s case is now under consideration by a District Judge.
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Case 3:22-cv-05622-JSC Document 92 Filed 11/21/22 Page 5 of 7
DISCUSSION
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United States District Court
Northern District of California
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I.
Plaintiff’s Motion to Remand
“Only state-court actions that originally could have been filed in federal court may be
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removed to federal court by the defendant.” Caterpillar Inc. v. Williams, 482 U.S. 386, 392
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(1987); see also 28 U.S.C. § 1441(a). A defendant seeking removal to federal court “bears the
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burden of establishing that removal is proper,” and the “removal statute is strictly construed
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against removal jurisdiction.” Provincial Gov't of Marinduque v. Placer Dome, Inc., 582 F.3d
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1083, 1087 (9th Cir. 2009). “Federal jurisdiction must be rejected if there is any doubt as to the
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right of removal in the first instance.” Gaus v. Miles, 980 F.2d 564, 566 (9th Cir. 1992); see
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also 28 U.S.C. § 1447(c) (“If at any time before final judgment it appears that the district court
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lacks subject matter jurisdiction, the case shall be remanded.”)
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A.
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As an initial matter, the Court addresses Plaintiff’s arguments regarding 28 U.S.C.
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§ 1447(c). Societe Air France removed this matter on September 29, 2022. (Dkt. No. 1.) Plaintiff
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moved to remand on October 14, 2022. (Dkt. No. 25.) Plaintiff has since filed numerous
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additional motions and briefs in support of remand, arguing that 28 U.S.C. § 1447 requires this
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Court to rule on remand motions within 30 days of removal. (See Dkt. No. 55 at 9.) That is
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incorrect.
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28 U.S.C. § 1447(c)
28 U.S.C. § 1447(c) states that a motion to remand the case on the basis of any defect other
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than lack of subject matter jurisdiction must be made within 30 days after the filing of the notice
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of removal. That statute does not create a 30-day deadline for this Court to issue a ruling. Rather,
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it governs when a party may make a motion to remand on grounds other than lack of subject
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matter jurisdiction. Indeed, this district’s civil local rules expressly provide that a motion should
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be heard “not less than 35 days after filing of the motion.” Civil L.R. 7-2(a).
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Plaintiff is instructed not to file further briefing on the motion to remand absent leave from
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the Court.
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B.
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Under 28 U.S.C. § 1441, “any civil action brought in a State court of which the district
Societe Air France’s Notice of Removal
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Case 3:22-cv-05622-JSC Document 92 Filed 11/21/22 Page 6 of 7
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courts of the United States have original jurisdiction, may be removed by the defendant or the
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defendants, to the district court of the United States for the district and division embracing the
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place where such action is pending.” 28 U.S.C. § 1441(a). As the removing party, Societe Air
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France has the burden to justify removal. Placer Dome, Inc., 582 F.3d at 1087.
Only a “defendant” can remove under 28 U.S.C. § 1441. Plaintiff sued the Air France-
United States District Court
Northern District of California
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KLM Group, not Societe Air France. (Dkt. No. 1-1 at 1.) Plaintiff attempted service of process
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on the Air France-KLM Group at 125 West 55th Street, Floor 2, Manhattan, NY 10019. (Dkt. No.
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1-2.) That address is, in fact, the location of the Air France-KLM Group subsidiary, the airline
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“Societe Air France.” (Dkt. Nos. 2 at 1; 37-2 at 4.) Societe Air France appeared in this matter,
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declared it had been “misnamed” as the “Air France-KLM Group,” and removed the matter to this
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Court based on the Montreal Convention—a treaty that governs international air travel. (Dkt. No.
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1.) Societe Air France argues the Montreal Convention completely preempts Plaintiff’s state law
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tort claim based on Plaintiff’s travel from Nigeria and creates federal question subject-matter
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jurisdiction. See also Convention for Int'l Carriage by Air, S. Treaty Doc. No. 106-45 (May 28,
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1999). But Societe Air France then filed a motion to dismiss the claims against the Air France-
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KLM Group for lack of personal jurisdiction over the Air France-KLM Group. (Dkt. No. 37 at
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12.) In that motion Societe Air France states that Plaintiff “filed suit against Air France-KLM
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Group.” (Id. at 9.)
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Societe Air France is not a named defendant in the FAC. (Dkt. No. 1-1.) Air France-
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KLM Group is named in the FAC and on the summons, (Dkt. Nos. 1-1 and 1-2), and Plaintiff
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explicitly asserts the proper defendant is the Air France-KLM Group not the subsidiary Societe
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Air France, (Dkt. No. 79 at 2). Societe Air France gives no explanation as to how improper
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service makes the improperly served party an “improperly named” defendant in the FAC. Thus,
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Societe Air France is ordered to show cause as to how it can properly remove this matter under 28
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U.S.C. § 1441(a) where it is not a named defendant in the FAC and, in fact, it moves to dismiss on
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grounds that this Court lacks personal jurisdiction over the Air France-KLM Group. (Dkt. No. 37
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at 12.)
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//
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Case 3:22-cv-05622-JSC Document 92 Filed 11/21/22 Page 7 of 7
CONCLUSION
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Societe Air France may submit a brief on or before December 1, 2022 of no more than
five pages showing cause as to how it can properly remove this matter under 28 U.S.C. § 1441(a).
IT IS SO ORDERED.
Dated: November 21, 2022
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JACQUELINE SCOTT CORLEY
United States District Judge
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United States District Court
Northern District of California
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