County of Ventura v. House of Gains Gym, Inc.

I. INTRODUCTION

On February 8, 2021, plaintiffs County of Ventura and Robert Levin, M.D., in his official capacity as Health Officer for the County of Ventura, (collectively, “plaintiffs’”), filed a complaint for violation of public health orders and public nuisance in Ventura County Superior Court against defendants House of Gains Gym, Inc., David Figg, and Does 1-100 (collectively, “defendants”). On February 4, 2021, defendants filed a notice of removal to this Court pursuant to 28 U.S.C. § 1446. Dkt. (“NTC of Removal”). Defendants claim that this Court has original subject matter jurisdiction pursuant to U.S.C. § 1331 because this action “aris[es| under the Constitution, laws, or treaties of the United States.” Specifically, defendants contend that jurisdiction in this Court is proper because the public health orders plaintiffs seek to enforce “arise under the Federal Executive Orders and Stay at Home Orders issued by Governor Gavin Newsom and the State of California under their Constitutional powers.” Id. at 2. On February 5, 2021, the Court issued an order to show cause why this action should not be…