Kalberer v. Teamsters Local 120

Filing 12

ORDER denying 6 Petition for Remand. (Written Opinion). Signed by Judge Richard H. Kyle on 05/30/12. (kll)cc: George H. Kalberer Modified on 5/30/2012 (jam).

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

George H. Kalberer,
Plaintiff,
Civ. No. 12-1098 (RHK/JSM)
ORDER
v.
Teamsters Local 120,
Defendant.

Plaintiff’s Petition for Remand (Doc. No. 6) is DENIED. On its face, the
Complaint alleges at least one federal claim: violation of the Age Discrimination in
Employment Act, 29 U.S.C. § 216. (See Doc. No. 1, Ex. A (“Teamsters Union was . . .
guilty of . . . [t]wo counts of [v]iolation of the Age Discrimination In Employment
Act.”).) Accordingly, removal of the action to this Court was proper. See 28 U.S.C.
§ 1441(a) (“[A]ny civil action brought in a State court of which the district courts of the
United States have original jurisdiction[] may be removed . . . to the district court of the
United States for the district and division embracing the place where such action is
pending.”); 28 U.S.C. § 1331 (“The district courts shall have original jurisdiction of all
civil actions arising under the . . . laws . . . of the United States.”).

Dated: May 30, 2012

s/Richard H. Kyle
RICHARD H. KYLE
United States District Judge