Tako LLC v. Colvin

Opinion

TAKO LLC, Case No.: 2:22-cv-01837-APG-NJK 4 Plaintiff Order to Show Cause Why This Action Should Not Be Remanded for Lack of 5} v. Subject Matter Jurisdiction PARNELL COLVIN, 7 Defendant 8 9 Defendant Parnell Colvin removed this action from state court based on federal question jurisdiction. ECF No. 1. Under 28 U.S.C.§ 1331, federal district courts have jurisdiction over civil actions arising under the Constitution, laws, or treaties of the United States.” Colvin 12}|asserts federal question jurisdiction exists because plaintiff Tako LLC violated his federal constitutional rights. However, Colvin’s federal defenses or counterclaims cannot create federal 14]| question jurisdiction for removal. See Holmes Grp., Inc. v. Vornado Air Circulation Sys., Inc., U.S. 826, 831 (2002) (stating that a counterclaim cannot serve as the basis for federal question jurisdiction); Hall vy. N. Am. Van Lines, Inc., 476 F.3d 683, 687 (9th Cir. 2007) (stating “the existence of a defense based upon federal law is insufficient to support jurisdiction” (quotation omitted)). 19 I THEREFORE ORDER that defendant Parnell Colvin shall show cause why this action should not be removed to state court for lack of subject matter jurisdiction. Failure to respond by 21|| November 16, 2022 will result in remand. 22 DATED this 2nd day of November, 2022. Z 23 ANDREW P. GORDON UNITED STATES DISTRICT JUDGE