Kotapati v. Kim et al

Filing 14

ORDER by Judge Robert S. Lasnik. The Clerk of Court shall immediately transfer this matter to Snohomish CountySuperior Court. (SWT) (cc: Defendant Hae Young Kim via USPS)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 SIVA RAMA RAO KOTAPATI, 9 10 11 12 Plaintiff, Case No. C17-0593RSL v. ORDER HAE YOUNG KIM, and All Occupants of the Premises located at 18611 37th Dr. SE, Bothell, WA 98102, 13 Defendant. 14 15 Plaintiff Siva Rama Rao Kotapati filed this unlawful detainer action in state court. 16 On April 17, 2017, defendant Hae Young Kim removed the case to federal court alleging 17 that the Court has jurisdiction based on an issue of federal bankruptcy law and/or 18 diversity of citizenship. The Court ordered defendant to show cause why this case should 19 not be remanded to state court for lack of subject matter jurisdiction. Although no 20 response was received by the date specified in the Court’s order, there seems to have been 21 a delay in service: a response to the order to show cause was received on May 15, 2017. 22 The Court finds that remand is nevertheless appropriate. Defendant argues that this 23 Court has jurisdiction over this unlawful detainer action because he is a dependent of 24 active military personnel under 50 U.S.C. § 3932. This argument is factually and legally 25 deficient. The “Enlisted Record Brief” submitted by defendant is for Eugene Young Kim 26 who, according to the document, has no dependents. The statute upon which defendant ORDER - 1 1 relies, 50 U.S.C. § 3932, applies only where a named party is in military service. 2 Defendant does not claim to be in the military service: whether he is the dependant of 3 active military personnel is therefore irrelevant. 4 Assuming, for purposes of this analysis, that Eugene Young Kim is another 5 occupant of the foreclosed premises and therefore a defendant in the state court action, 6 the statute enables him to request a stay utilizing the procedures set forth in 50 U.S.C. 7 § 3932(b)(2). There is no indication in the statute or the case law that an intrinsically state 8 law matter such as an unlawful detainer action is preempted or becomes a federal claim 9 simply because a service member is a named party. Plaintiff could not have filed this 10 complaint in federal court originally, and the fact that Eugene Young Kim may have a 11 right to stay the state court action does not justify its removal to federal court. 12 13 14 The Clerk of Court shall immediately transfer this matter to Snohomish County Superior Court. 15 16 Dated this 17th day of May, 2017. 17 18 A 19 Robert S. Lasnik United States District Judge 20 21 22 23 24 25 26 ORDER - 2

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