Miquisha Straughter v. Macy's West Stores, Inc.

Filing 42

ORDER TO SHOW CAUSE REGARDING FEDERAL QUESTION JURISDICTION. Re: Dkt. No. 33 . Briefs due by 10/23/2017. Signed by Judge Nathanael Cousins on 10/16/2017. (lmh, COURT STAFF) (Filed on 10/16/2017)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 10 MIQUISHA STRAUGHTER, Plaintiff, United States District Court Northern District of California 11 12 13 14 v. MACY’S WEST STORES, INC., Defendant. Case No. 17-cv-01143 NC ORDER TO SHOW CAUSE REGARDING FEDERAL QUESTION JURISDICTION Re: Dkt. No. 33 15 16 On October 11, 2017, the Court heard oral argument on Macy’s motion to dismiss 17 for lack of subject matter jurisdiction. The Court took the matter under submission. In 18 opposition to the motion to dismiss, Straughter repeatedly cited Proctor v. Vishay 19 Intertechnology Inc., 584 F.3d 1208, 1219 (9th Cir. 2009). Proctor cites Empire 20 Healthchoice Assur., Inc. v. McVeigh, 547 U.S. 677, 689-90 (2006). Empire’s discussion 21 of subject matter jurisdiction based on “substantial question[s] of federal law,” in turn was 22 based on Grable & Sons Metal Prod., Inc. v. Darue Eng’g & Mfg., 545 U.S. 308, 313-14 23 (2005). The relevant holding of Grable is that federal subject matter jurisdiction is proper 24 if (1) the “state-law claim necessarily raise[s] a stated federal issue;” (2) if that issue is 25 “actually disputed;” (3) “substantial;” and (4) if that issue is one “which a federal forum 26 may entertain without disturbing any congressionally approved balance of federal and state 27 judicial responsibilities.” Id. at 314. 28 Neither party briefed Grable, nor discussed the case when prompted to at the Case No. 17-cv-01143 NC 1 hearing. The Court now order the parties to each file one brief, not to exceed 6 pages 2 addressing: (1) whether Grable applies to this case; and (2) Straughter’s satisfaction of the 3 Grable factors. These briefs must be filed by October 23, 2017. 4 5 IT IS SO ORDERED. 6 7 Dated: October 16, 2017 8 _____________________________________ NATHANAEL M. COUSINS United States Magistrate Judge 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. 17-cv-01143 NC 2

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