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Dart Cherokee Basin Operating Company, LLC v. Owens

Docket No.: 13-719
Certiorari Granted: April 7, 2014
Argued: October 7, 2014
Decided: December 15, 2014

Topics:

AEDPA, Civil Procedure, Federal Rules of Civil Procedure, abuse of discretion, habeas

PartyNames: Dart Cherokee Basin Operating Company, LLC, et al. v. Brandon W. Owens
Petitioner: Dart Cherokee Basin Operating Company, LLC, et al.
Respondent: Brandon W. Owens

Court Below: United States Court of Appeals for the Tenth Circuit
Citation: 730 F.3d 1234
Supreme Court Docket

Dart Cherokee Basin Operating Company, LLC, et al.
v.
Brandon W. Owens
Background:

A defendant seeking removal of a case to federal court must file a notice of removal containing "a short and plain statement of the grounds for removal" and attach only the state court filings served on such defendant. 28 U.S.C. $ 1446(a). Consistent with that statutory pleading requirement, the First, Fourth, Fifth, Seventh, Eighth, Ninth, and Eleventh Circuits require only that a notice of removal contain allegations of the jurisdictional facts supporting removal; those courts do not require the defendant to attach evidence supporting federal jurisdiction to the notice of removal. District courts in those Circuits may consider evidence supporting removal even if it comes later in response to a motion to remand. Here, in a clean break from Section 1446(a)'s language and its sister Circuits' decisions, the Tenth Circuit let stand an order remanding a class action to state court based upon the district court's refusal to consider evidence establishing federal jurisdiction under the Class Action Fairness Act (CAFA) because that evidence was not attached to the notice of removal. (That evidence, which was not disputed, came later in response to the motion to remand.)

Question Presented:

Whether a defendant seeking removal to federal court is required to include evidence supporting federal jurisdiction in the notice of removal, or is alleging the required "short and plain statement of the grounds for removal" enough?

Dart Cherokee Basin Operating Company, LLC v. Owens
ORAL ARGUMENT

October 7, 2014

Listen to Oral Argument in Dart Cherokee Basin Operating Company, LLC v. Owens
Holding: VACATED AND REMANDED
Vote: 5-4
Majority: Ginsburg, Chief Justice Roberts, Breyer, Alito, Sotomayor
Dissenting: Scalia,Kennedy,Kagan,Thomas
Opinion By:
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