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Title Amy Robinson v. Debra Williams

February 6, 2011

TITLE AMY ROBINSON
v.
DEBRA WILLIAMS



The opinion of the court was delivered by: The Honorable Christina A. Snyder

CIVIL MINUTES - GENERAL

Present: The Honorable CHRISTINA A. SNYDER

CATHERINE JEANG Not Reported N/A

Deputy Clerk Court Reporter / Recorder Tape No.

Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

Not Present Not Present

Proceedings: (In Chambers:) ORDER TO SHOW CAUSE RE: WHY

ACTION SHOULD NOT BE REMANDED FOR LACK OF SUBJECT MATTER JURISDICTION

INTRODUCTION

On June 7, 2011, plaintiff Amy Robinson requested a temporary restraining order ("TRO") against defendant Debra Williams in the Los Angeles Superior Court, requesting that court to enjoin alleged harassment, trespass, and vandalism by defendant Williams. On July 14, 2011, defendant removed the action to this Court pursuant to 28 U.S.C. § 1442(a)(1). Dkt. No. 1.

On July 27, 2011, defendant filed the instant motion to dismiss. Dkt. No. 6. On October 3, 2011, the Court held a hearing on defendant's motion, at which plaintiff was granted leave to file an opposition. Plaintiff filed her opposition on October 17, 2011. Dkt. No. 16.

DISCUSSION

A civil action against an officer of the United States for acts committed under the color of office may be removed to federal court, only if the officer asserts a federal defense. Mesa v. California, 489 U.S. 121, 124-25, 129 (1989). 28 U.S.C. ยง 1442(a) is a "pure jurisdictional statute" for which "the raising of a federal question constitutes the federal law under which the action against the federal officer arises . . . ." Id. at ...


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