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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MIQUISHA STRAUGHTER,
Plaintiff,

United States District Court
Northern District of California

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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

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On October 11, 2017, the Court heard oral argument on Macy’s motion to dismiss

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for lack of subject matter jurisdiction. The Court took the matter under submission. In

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opposition to the motion to dismiss, Straughter repeatedly cited Proctor v. Vishay

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Intertechnology Inc., 584 F.3d 1208, 1219 (9th Cir. 2009). Proctor cites Empire

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Healthchoice Assur., Inc. v. McVeigh, 547 U.S. 677, 689-90 (2006). Empire’s discussion

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of subject matter jurisdiction based on “substantial question[s] of federal law,” in turn was

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based on Grable & Sons Metal Prod., Inc. v. Darue Eng’g & Mfg., 545 U.S. 308, 313-14

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(2005). The relevant holding of Grable is that federal subject matter jurisdiction is proper

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if (1) the “state-law claim necessarily raise[s] a stated federal issue;” (2) if that issue is

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“actually disputed;” (3) “substantial;” and (4) if that issue is one “which a federal forum

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may entertain without disturbing any congressionally approved balance of federal and state

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judicial responsibilities.” Id. at 314.

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Neither party briefed Grable, nor discussed the case when prompted to at the
Case No. 17-cv-01143 NC

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hearing. The Court now order the parties to each file one brief, not to exceed 6 pages

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addressing: (1) whether Grable applies to this case; and (2) Straughter’s satisfaction of the

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Grable factors. These briefs must be filed by October 23, 2017.

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IT IS SO ORDERED.

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Dated: October 16, 2017

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_____________________________________
NATHANAEL M. COUSINS
United States Magistrate Judge

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United States District Court
Northern District of California

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Case No. 17-cv-01143 NC

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