Legal Opinion
JTS Communities v. ZB, N.A. (In re International Manufacturing Group, Inc.)
United States Bankruptcy Court, E.D. California
Decided August 3, 2017No. Case No. 14-25820-D-11; Adv. Pro. No. 17-2109-DPublished
1Opinion of the Court
*719MEMORANDUM DECISION
Robert S. Bardwil, Judge, United States Bankruptcy Court
This is the motion of the plaintiffs in this adversary proceeding to remand the action to the Sacramento County Superior Court, from which the action was removed by the defendants pursuant to 28 U.S.C. § 1452. The defendants have filed opposition and the plaintiffs have filed a reply. For the following reasons, the motion will be granted.
The removing parities] [here, the defendants] bear[ ] the burden of establishing federal jurisdiction. Ethridge v. Harbor House Rest., 861 F.2d 1389, 1393 (9th Cir. 1988). Furthermore,…
2Cases cited15 opinions
- Frank D. Gaus v. Miles, Inc., an Indiana CorporationCourt of Appeals for the Ninth Circuit · 1992
- In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
- In re Pegasus Gold Corp.Court of Appeals for the Ninth Circuit · 2005
- In Re Resorts International, Inc.Court of Appeals for the Third Circuit · 2004
- Nuveen Municipal Trust Ex Rel. Nuveen High Yield Municipal Bond Fund v. WithumSmith Brown, P.C.Court of Appeals for the Third Circuit · 2012
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