Yurek v. Bass Pro Outdoor World, LLC et al

Filing 5

ORDER. IT IS ORDERED that on or before 5/31/2017, defendant Chengbao Enterprise LTD shall show cause in writing why this action should not be remanded to state court for lack of subject matter jurisdiction and for lack of consent of all defendants. If the defendant does not file a response to this order by that date, the case will be remanded. IT IS FURTHER ORDERED that plaintiff Thaddeus Yurek shall file a response on or before 6/9/2017. Signed by Judge Andrew P. Gordon on 5/8/17. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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THADDEUS YUREK,

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Case No. 2:17-cv-01265-APG-NJK
Plaintiff,

v.
BASS PRO OUTDOOR WORLD, LLC, et
al.,

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ORDER TO SHOW CAUSE WHY THIS
ACTION SHOULD NOT BE REMANDED
FOR LACK OF SUBJECT MATTER
JURISDICTION

Defendants.

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This action originally was filed in Nevada state court. ECF No. 1. Defendant Chengbao

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Enterprise LTD removed the case to this Court based on diversity jurisdiction. However, neither

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the removal petition nor the complaint identifies the citizenship of the parties. As the party

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seeking to invoke this Court’s jurisdiction, Chengbao bears the burden of establishing jurisdiction

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exists. See Naffe v. Frey, 789 F.3d 1030, 1040 (9th Cir. 2015). Chengbao’s removal petition also

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does not address whether all defendants consent to removal even though it states that the other

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defendant has been served. See 28 U.S.C. § 1446(2)(A).

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IT IS THEREFORE ORDERED that on or before May 31, 2017, defendant Chengbao

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Enterprise LTD shall show cause in writing why this action should not be remanded to state court

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for lack of subject matter jurisdiction and for lack of consent of all defendants. If the defendant

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does not file a response to this order by that date, the case will be remanded.

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IT IS FURTHER ORDERED that plaintiff Thaddeus Yurek shall file a response on or
before June 9, 2017.
DATED THIS 8th day of May, 2017.
ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE