Qurashi v. Bates, No. 4:2015cv00784 - Document 11 (N.D. Tex. 2015)

Court Description: Memorandum Opinion and Order:...For the reasons given above, defendant has not carried her burden of establishing that federal subject matter jurisdiction exists in this case. Therefore, the court ORDERS that the above-captioned action be, and is hereby, remanded to the state court from which it was removed. (Ordered by Judge John McBryde on 11/25/2015) (trs)

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Qurashi v. Bates Doc. 11 Dockets.Justia.com in excess of the sum or val e of $75,000, exclusive of interest federal question arises fro the Fair Debt Collection Practices Act. II. Le al Pr"nci les of Removal Under 28 u.s.c. § 1441 a), a defendant may remove to federal court any state court actio of which the federal district court would have original jurisdi tion. 1 "The removing party bears the burden of showing that fede al subject matter jurisdiction exists and that removal was proper." Ins. Co., 276 F. 3d 720, 723 Manguno v. Prudential Prop. & Cas. (5th Cir. 2002) (citations omitted). "Moreover, because the effe t of removal is to deprive the state court of an action properly before it, removal raises significant federalism concerns . ich mandate strict construction of Dist., 44 F.3d 362, 365-66 5th Cir. 1995). Any doubts about 1 The removal statute provides, in p rtinent part, that: [A]ny civil action brought in a State court of which the district courts of the United Sta es have ori inal 'urisdiction, may be removed by the defendant or the defendants, to the district co rt of the United States for the district and division embracing the place where such action is pe ding. 28 U.S.C. § 1441(a) (emphasis added). 2 whether removal jurisdictio is proper must therefore be resolved against the exercise of fed ral jurisdiction. Acuna v. Brown & Root Inc., 200 F.3d 335, 33 (5th Cir. 2000). III. Analysis A. Federal uestion Juris iction Under 28 U.S.C. § 133 , this court has "original jurisdiction of all civil a tions arising under the Constitution, laws, or treaties of the Un'ted States." It is well established that federal question juris iction is determined solely on from what appears on the face of plaintiff's complaint. Franchise Tax case may not be removed to federal court on the basis of a Inc. v. Williams, 482 U.S. 386, 393 (1987) . In this case, plaintif 's complaint is based entirely on eviction. Doc. 2 1 at 5. Noth'ng in plaintiff's complaint alleges anything arising under the 'Constitution, laws, or treaties of the United States." It is d fendant that is asserting the alleged 2 The "Doc. _" references are to the numbers assigned to the referenced documents on the docket ofthis case, No. 4:15-CV-784-A. 3 federal question in the for of defenses under the Fair Debt Collection Act. Doc. 1 at 2. Such defenses cannot stand as the basis for removal to federa B. court. Diversity Jurisdiction Diversity jurisdiction exists when the parties are citizens of different states and the amount in controversy exceeds $75/000.00 1 exclusive of in erest and costs. 28 U.S.C. § 1332. Defendant also claims the c urt has diversity jurisdiction under § 1332. However, the civil over sheet attached to defendant's notice of removal clearly i dicates that both plaintiff and defendant reside in Tarrant County, Texas. Doc. 1 at 14. Thus, defendant has failed to est blish that both plaintiff and defendant are citizens of d"fferent states and cannot establish diversity jurisdiction for C. emoval to federal court. Conclusion For the reasons given bove, defendant has not carried her burden of establishing that federal subject matter jurisdiction exists in this case. 4 IV. Order Therefore, The court ORDERS that he above-captioned action be, and is hereby, remanded to the sta e court from which it was removed. SIGNED November 25, 20 5. 5

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