Kierre Townsend v. Brinderson Constructors, Inc.

MEMORANDUM

In light of the Supreme Court’s decision in Dart Cherokee Basin Operating Co. v. Owens, — U.S. —, 135 S.Ct. 547 , 190 L.Ed.2d 495 (2014), we vacate the decision of the district court and remand for further proceedings. On remand, if Townsend challenges jurisdiction, Brinderson shall have the opportunity to provide evidence demonstrating that the case meets the requirements of 28 U.S.C. § 1332 (d)(2). See Dart Cherokee, at 553-54.

We express no view as to the district court’s determination that it lacked federal question jurisdiction over this case.

VACATED AND REMANDED. Costs to Appellant.

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.