Lund v. Chase Bank, No. 6:2014cv00448 - Document 14 (D. Or. 2014)

Court Description: OPINION and ORDER: Denying Motion to Remand Case to State Court 9 . See formal order. Signed on 5/8/2014 by Chief Judge Ann L. Aiken. (rh) Modified on 5/9/2014 to add opinion. (kf)

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UNITED STATES DISTRICT COURT DISTRICT OF OREGON ROBERT A. LUND, Case No. 6:14-cv-00448-AA Plaintiff, OPINION AND ORDER v. CHASE BANK, Defendant. AIKEN, Chief Judge: Plaintiff moves to remand this case to Linn County Circuit Court after defendant removed it to federal courts on grounds of federal question and diversity jurisdiction. The motion is denied. In his complaint against defendant, plaintiff alleges that defendant violated his rights under the Fourth and Fifth Amendments to the United States Constitution and failed to comply with 2 6 U.S.C. § 7609 by disclosing financial information sought by the United States government. Def.'s Notice of Removal, Ex. 1 at 5, 811. Clearly, plaintiff alleges violations of federal law, and this court has jurisdiction over questions arising under federal law. 1 - OPINION AND ORDER 28 U.S.C. § 1331 ("The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States."); Nat'l Bank v. Anderson, 539 U.S. 1, 6 see also Beneficial (2003) ("[A] suit arises under the Constitution and laws of the United States only when the plaintiff's statement of his own cause of action shows that it is based upon those laws or that Constitution.") (internal quotation marks and citation omitted). Further, defendant has established diversity jurisdiction to support removal of this action to federal court. Diversity jurisdiction requires complete diversity of citizenship between the plaintiff and defendant and an amount in controversy in excess of $75,000. 28 U.S.C. 61, 68 § 1332(a); Caterpillar, Inc. v. Lewis, 519 U.S. (1996); Allstate Ins. Co. v. Hughes, 358 F.3d 1089, 1095 (9th Cir. 2004). Here, plaintiff is a citizen of Oregon, defendant is a "citizen" of Ohio, $3,000,000 in damages, 28 U.S.C. well over § the 1348, and plaintiff seeks jurisdictional amount of $75,000. Accordingly, plaintiff's Motion to Remand (doc. 9) is DENIED. IT IS SO ORDERED. Dated this _,, /, . r;;;J?/"-U day of May, 2014. Ann Aiken United States District Judge 2 - OPINION AND ORDER

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