Gonzalez v. U.S. Ctr. for Safesport

374 F. Supp. 3d 1284
CourtDistrict Court, S.D. Florida
DecidedMarch 18, 2019
DocketCivil Action No. 18-61190-Civ-Scola
StatusPublished
Cited by7 cases

This text of 374 F. Supp. 3d 1284 (Gonzalez v. U.S. Ctr. for Safesport) is published on Counsel Stack Legal Research, covering District Court, S.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gonzalez v. U.S. Ctr. for Safesport, 374 F. Supp. 3d 1284 (S.D. Fla. 2019).

Opinion

The Center and USAT removed the case to this Court, (ECF Nos. 1, 12), and Gonzalez timely sought remand (ECF No. 16 ).

2. Remand Standard

Removal from state court to federal court is only appropriate if the action is within the original jurisdiction of the federal court. 28 U.S.C. § 1441(a). Original jurisdiction exists when a civil action raises a federal question, or where the action is between citizens of different states and the amount in controversy exceeds $ 75,000. See 28 U.S.C. §§ 1331, 1332.

"The existence of federal jurisdiction is tested at the time of removal," Adventure Outdoors, Inc. v. Bloomberg , 552 F.3d 1290, 1294-95 (11th Cir. 2008), and "[t]he burden of establishing subject *1289matter jurisdiction falls on the party invoking removal." Univ. of S. Ala. v. Am. Tobacco Co. , 168 F.3d 405, 411-12 (11th Cir. 1999). "[A]ll doubts about jurisdiction should be resolved in favor of remand to state court." Id. at 411 ; see also Russell Corp. v. Am. Home Assur. Co. , 264 F.3d 1040, 1050 (11th Cir. 2001) ("[T]here is a presumption against the exercise of federal jurisdiction, such that all uncertainties as to removal jurisdiction are to be resolved in favor of remand.").

3. Analysis

A claim pled under state law "may be removed to federal court in only two circumstances-when Congress expressly so provides ... or when a federal statute wholly displaces the state-law cause of action through complete preemption." Beneficial Nat. Bank v. Anderson , 539 U.S. 1, 8, 123 S.Ct. 2058, 156 L.Ed.2d 1 (2003). Both circumstances are raised in this case.

The Defendants removed Gonzalez's Florida law claim for declaratory relief under 28 U.S.C. § 1441 based on three separate and distinct jurisdictional bases: (1) the Sports Act's jurisdictional grant under 36 U.S.C. § 220505(b)(9), (ECF No. 12 at pp. 3-4 ) (citing 36 U.S.C. § 220541(a)(2) ); (2) federal question jurisdiction under 28 U.S.C. § 1331, arguing that the SSAA "completely" preempts Gonzalez's state-law claim, (ECF No. 12 at pp. 2-3, 7-12 ); and (3) diversity jurisdiction under 28 U.S.C. § 1332, (ECF No. 12 at pp. 4-5, 13-15 ).

Gonzalez sought remand, contesting all three jurisdictional bases. (ECF No. 16.) The Court addresses each in turn.

A. Section 220505(b)(9) Does Not Permit Removal By the Center or USAT

The Defendants argue that 36 U.S.C. § 220505(b)(9) creates subject matter and removal jurisdiction in this case. (ECF No. 12 at pp. 3-4, 12-13.) The Court disagrees.

Through the Sports Act, Congress granted removal jurisdiction over claims brought against the USOC that "solely relating to" its responsibilities under that statute. 36 U.S.C. § 220505(b)(9). In full, section 220505(b)(9) provides that the "corporation may":

sue and be sued, except that any civil action brought in a State court against the corporation and solely relating to the corporation's responsibilities under this chapter shall be removed, at the request of the corporation, to the district court of the United States in the district in which the action was brought, and such district court shall have original jurisdiction over the action without regard to the amount in controversy or citizenship of the parties involved, and except that neither this paragraph nor any other provision of this chapter shall create a private right of action under this chapter

Id. By its terms, that section is only applicable where a "civil action [is] brought in a State court against the corporation." Id. Even then, removal is only authorized upon "the request of the corporation." Id. "Corporation" is defined under the Sports Act to "mean[ ] the United States Olympic Committee." Id. § 220501(b)(6).

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Bluebook (online)
374 F. Supp. 3d 1284, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gonzalez-v-us-ctr-for-safesport-flsd-2019.