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FIESTA PEDIATRIC THERAPY INCORPORATED v. ZUNIGA, CV-17-00247-PHX-JAT. (2017)

Court: District Court, D. Arizona Number: infdco20170209783 Visitors: 6
Filed: Feb. 08, 2017
Latest Update: Feb. 08, 2017
Summary: ORDER TO SHOW CAUSE JAMES A. TEILBORG , District Judge . "Inquiring whether the court has jurisdiction is a federal judge's first duty in every case." Belleville Catering Co. v. Champaign Market Place, L.L.C., 350 F.3d 691 , 693 (7 th Cir. 2003). In this case, the notice of removal fails to sufficiently plead jurisdiction. Generally, federal subject matter jurisdiction must exist based on the plaintiff's complaint. See Takeda v. Northwestern Nat. Life Ins. Co., 765 F.2d 815 , n. 9 (
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ORDER TO SHOW CAUSE

"Inquiring whether the court has jurisdiction is a federal judge's first duty in every case." Belleville Catering Co. v. Champaign Market Place, L.L.C., 350 F.3d 691, 693 (7th Cir. 2003). In this case, the notice of removal fails to sufficiently plead jurisdiction.

Generally, federal subject matter jurisdiction must exist based on the plaintiff's complaint. See Takeda v. Northwestern Nat. Life Ins. Co., 765 F.2d 815, n. 9 (9th Cir. 1985) (A[U]nder the present statutory scheme as it has existed since 1887, a defendant may not remove a case to federal court unless the plaintiff's complaint establishes that the case `arises under' federal law.") (quoting Franchise Tax Board v. Construction Laborers Vacation Trust, 463 U.S. 1, 10 (1983)).

In this case, Plaintiffs/Counterdefendants state in their notice of removal that removal is based on Defendant/Counterclaimants' counterclaim. Doc. 1 at 2. Standing alone, that is not a sufficient basis for federal subject matter jurisdiction.

Therefore,

IT IS ORDERED that by February 22, 2017, Plaintiffs/counterdefendants (as the removing party with the burden of establishing federal subject matter jurisdiction) shall show cause why this case should not be remanded to state court. Defendant/counterclaimant may respond within 10 calendar day (3 days for mailing shall not be added to the 10 days). Plaintiffs/counterdendants may reply within 5 calendar days (3 days for mailing shall not be added to the 5 days).

Source:  Leagle

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