Cervantes Nieto v. HD Supply Management, Inc.

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES—GENERAL

Case No. CV 21-8201-DMG (KSx) Date October 20, 2021

Title Cervantes Nieto v. HD Supply Management, Inc., et al. Page 1 of

Present: The Honorable DOLLY M. GEE, UNITED STATES DISTRICT JUDGE

KANE TIEN NOT REPORTED

Deputy Clerk Court Reporter

Attorneys Present for Plaintiff(s) Attorneys Present for Defendant(s) None Present None Present

Proceedings: IN CHAMBERS—ORDER TO SHOW CAUSE WHY THIS ACTION

SHOULD NOT BE REMANDED TO STATE COURT FOR LACK OF

SUBJECT MATTER JURISDICTION

On October 15, 2021, Defendant HD Supply Management, Inc. (“HD Supply”) filed a notice of removal on the basis of diversity jurisdiction under 28 U.S.C. § 1332(a). Notice of Removal (“NOR”) [Doc. # 1]. The removal statute—28 U.S.C. § 1441(a)—is strictly construed against removal jurisdiction, and if there is any doubt as to the right of removal in the first instance, federal jurisdiction must be rejected. Geographic Expeditions, Inc. v. Estate of Lhotka ex rel. Lhotka, 599 F.3d 1102, 1106-07 (9th Cir. 2010) (citing Gaus…