Bashir

Bashir v. Boeing Co.

Good Law
245 F. App'x 574
United States Court of Appeals for the Ninth CircuitJune 11, 2007No. 05-55321California354 words

Opinion

Lead Opinion

MEMORANDUM *

For the first time on appeal, Syed Bashir challenges the district court’s jurisdiction to hear his state law claims that Boeing removed pursuant to 28 U.S.C. § 1441 . We affirm.

*575 The party seeking removal bears the burden of establishing by a preponderance of the evidence that the diversity of citizenship and $75,000 amount in controversy requirements of 28 U.S.C. § 1332 (a) are met. See Serrano v. 180 Connect, Inc., 478 F.3d 1018, 1021 (9th Cir.2007); Valdez v. Allstate Ins. Co., 372 F.3d 1115, 1117 (9th Cir.2004).

In its removal petition, Boeing stated that Bashir was a citizen of California, whereas Boeing was incorporated in Delaware and had its principal place of business in Illinois. Boeing supported its own citizenship claim with a signed declaration of its attorney. On appeal, Bashir does not claim that Boeing was a citizen of California, but complains only that the district court did not have enough information to make a decision. Because Bashir did not challenge Boeing’s citizenship assertions in the district court, and because the pleadings did not establish a substantial question as to Boeing’s citizenship at the time of removal, we conclude Boeing…

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