Karen L. Griffin v. Denise Mathre Chiropractic Corporation, et al.

Summary

The court recommends denying Defendant Denise P. Mathre’s application to proceed in forma pauperis and remanding the action to Amador County Superior Court. The recommendations conclude that the complaint asserts only state-law employment claims, lacks federal-question jurisdiction, and does not establish complete diversity; Plaintiff’s motion to strike or remand is recommended to be denied as moot.

Holdings

1. The complaint did not establish federal-question jurisdiction because it asserted only state-law claims and did not present a federal cause of action on its face.
2. Complete diversity jurisdiction was absent because Plaintiff and all identified Defendants were California residents.
3. The action should be remanded to Amador County Superior Court because the federal court lacked subject matter jurisdiction.
4. Defendant's IFP application should be denied because it was incomplete and the proposed federal proceeding lacked a jurisdictional basis.

Questions Presented

1. Whether the federal court had subject matter jurisdiction over the removed complaint based on a federal question.
2. Whether complete diversity jurisdiction existed under 28 U.S.C. § 1332.
3. Whether Defendant's incomplete application to proceed in forma pauperis should be denied.
4. Whether Plaintiff's motion to strike or alternatively remand should be denied as moot after recommending remand.

Disposition

other