Shawn Samuel v. JP Morgan Chase Bank Nat'l Assoc.

I. DISCUSSION

The Court first addresses the Motion for Remand. A. The Motion for Remand is DENIED. Plaintiff argues that the action must be remanded on several grounds, none of them has merit. Plaintiff asserts that the Court lacks subject matter jurisdiction (1) because the requirements of diversity jurisdiction are not met and (2) because there 1s no federal question jurisdiction. However, Defendants do not rely on

CV-90 (12/02) CIVIL MINUTES — GENERAL Initials of Deputy Clerk CB

diversity jurisdiction. Regarding federal question jurisdiction, it appears that Plaintiff’s Complaint attempts to assert claims based on federal statutes, all of which are listed in the Complaint (see Not. Removal (“NOR”) p. 9) and the Notice of Removal (see NOR 1:25-29). Pursuant to 28 U.S.C. § 1331, federal question jurisdiction exists over “all civil actions arising under the Constitution, laws, or treaties of the United States.” “An action may ‘arise under’ a law of the United States if the plaintiff’s right to relief necessarily turns on construction of federal law.” Bright v. Bechtel Petroleum, Inc., 780 F.2d 766, 769 (1986). Because the Complaint appears to…