Vaughn v. Clark County School District

District Court, D. Nevada

Vaughn v. Clark County School District

Trial Court Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA SUBBIAH VAUGHN on behalf of N.M., a Case No.: 2:22-cv-00501-APG-DJA minor, 4 Order Remanding Case to State Court Plaintiff 5 v. 6 CLARK COUNTY SCHOOL DISTRICT, 7 Defendant 8 9 Defendant Clark County School District removed this case on the basis of federal 10}| question jurisdiction. ECF No. 1. However, the plaintiffs complaint does not refer to any federal claim. ECF No. 1-2. “Removal and subject matter jurisdiction statutes are strictly construed, and a defendant seeking removal has the burden to establish that removal is proper any doubt is resolved against removability.” Hawaii ex rel. Louie v. HSBC Bank Nev., N.A.,

141761 F.3d 1027

, 1034 (9th Cir. 2014) (quotation omitted). Although the plaintiff refers to constitutional rights and discrimination, those references may be based on the Nevada 16}| constitution and Nevada state law. It is not apparent from the face of the complaint that it raises 17|| any federal question, and doubts regarding whether removal is proper should be resolved against removability. Consequently, I remand this case to the state court from which it was removed. 19 I THEREFORE ORDER that this case is remanded to the state court from which it was 20|| removed for all further proceedings. The clerk of the court is instructed to close this case. 21 DATED this 23rd day of March, 2022.

23 ANDREW P. GORDON UNITED STATES DISTRICT JUDGE

Reference

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