Johnson v. Smith
Opinion
Opinion
Williams, J.
ORDER AND MEMORANDUM REMANDING ACTION
Immediately prior to the scheduled trial of this case, the court sua sponte sought briefing on the existence of federal subject matter jurisdiction over this action. The question presented is whether any part of plaintiff’s case can be said to “arise under” federal law, within the meaning of 28 U.S.C. § 1331 . For the reasons indicated below, the court finds no federal jurisdiction over this matter, and therefore remands the case to the state court from which it was removed.
BACKGROUND
Plaintiff William P. Johnson is a former managerial employee of defendant Diversified Contract Services, Inc. (DCS), a company engaged in the business of procuring and servicing food services contracts, apparently including contracts with the federal government. He was employed by DCS and its president, defendant Kenneth R. Smith, from September, 1978 until his discharge on March 23, 1984. Plaintiff thereupon filed this case, seeking relief under several state law causes of action: breach of the covenant of good faith and fair dealing implied in his employment contract with defendants; wrongful discharge in violation of public policy; breach of contract;…