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Title Radiant Global Logistics, Inc. v. En Pointe Technologies

August 14, 2012

TITLE RADIANT GLOBAL LOGISTICS, INC.
v.
EN POINTE TECHNOLOGIES, INC., ET AL.



The opinion of the court was delivered by: Present: The Honorable Dolly M. Gee, United States District Judge

JS-6

CIVIL MINUTES-GENERAL

VALENCIA VALLERY NOT REPORTED

Deputy Clerk Court Reporter

Attorneys Present for Plaintiff(s) Attorneys Present for Defendant(s)

None Present None Present

Proceedings: IN CHAMBERS-ORDER REMANDING CASE TO LOS ANGELES COUNTY SUPERIOR COURT

I.

INTRODUCTION

On June 8, 2012, Plaintiff Radiant Global Logistics, Inc., a transportation entity, filed a complaint in Los Angeles County Superior Court against Defendants En Pointe Technologies, Inc., Allied Digital Services, LLC, and JPMorgan Chase & Co., arising out of a dispute over allegedly unpaid freight charges. On July 13, 2012, En Pointe removed the action to this Court, asserting subject matter jurisdiction on the basis of a federal question, 28 U.S.C. § 1331, and under the Interstate Commerce Act, 49 U.S.C. § 13706. [Doc. # 1.]

The Court issued an Order to Show Cause ("OSC") why this action should not be remanded for lack of subject matter jurisdiction on July 19, 2012. [Doc. # 5.] On August 3, 2012, En Pointe filed its response. [Doc. # 6.] The Court deems this matter suitable for decision without oral argument. See Fed. R. Civ. P. 78(b); C.D. Cal. L.R. 7-15. For the reasons set forth below, this action is REMANDED to state court.

II.

DISCUSSION

"The burden of establishing federal subject matter jurisdiction falls on the party invoking removal." Marin Gen. Hosp. v. Modesto & Empire Traction Co., 581 F.3d 941, 944 (9th Cir. 2009) (citing Toumajian v. Frailey, 135 F.3d 648, 652 (9th Cir. 1998)). There is a "strong presumption against removal jurisdiction," and courts must reject it "if there is any doubt as to the right of removal in the first instance." Geographic Expeditions, Inc. v. Estate of Lhotka ex rel. Lhotka, 599 F.3d 1102, 1107 ...


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