American Federation of Teachers v. Next Space Solutions, LLC

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 AMERICAN FEDERATION OF Case No.: 21cv355-L-DEB

TEACHERS, AFL-CIO,

ORDER REMANDING ACTION TO

Plaintiff, STATE COURT v.

NEXT SPACE SOLUTIONS, LLC,

15 Defendant.

Defendants removed this breach of contract action from State court pursuant to 28 U.S.C. §§1332 and 1441. For the reasons stated below, the action is remanded. "Federal courts are courts of limited jurisdiction. They possess only that power authorized by Constitution or statute, which is not to be expanded by judicial decree. It is to be presumed that a cause lies outside this limited jurisdiction, and the burden of establishing the contrary rests upon the party asserting jurisdiction." Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994) (citations omitted). Consistent with the limited jurisdiction of federal courts, the removal statute is strictly construed against removal. Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992). The burden of establishing…