Watters
Watters v. Cannon
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ANDREW WATTERS, Case No. 4:23-cv-01538-DMR (WHO)
Plaintiff,
ORDER REMANDING CASE
v. 9 Re: Dkt. Nos. 2, 4, 5, 12 LADY BENJAMIN CANNON, Defendant.
12 This case was removed from state court on March 31, 2023, and the plaintiff filed an emergency ex parte application for remand on April 5, 2023. [Dkt. No. 4]. According to the motion, there is a trial set to begin in state court on Monday, April 10, 2023. A defendant may generally remove a case from state court to federal court, but as with all cases, the federal court must have subject matter jurisdiction over it. See 28 U.S.C. § 1442(a)-(c). The burden is on the removing defendant to establish the basis for subject matter jurisdiction. See Nishimoto v. Federman-Bachrach & Assocs., 903 F.2d 709, 712 n.3 (9th Cir. 1990). I have a duty to ascertain whether I have jurisdiction and must remand a case if I do not. See 28 U.S.C. § 1447(c). Cannon’s removal notice does not clearly provide a reason for why…