Testo completo
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
KOREY AARSTAD; et al.,
Plaintiffs-Appellees,
v.
BNSF RAILWAY COMPANY, a Delaware
corporation; JOHN SWING,
Defendants-Appellants.
No. 19-35305
D.C. No.
4:17-cv-00072-BMM-JTJ
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Brian M. Morris, District Judge, Presiding
Argued and Submitted May 16, 2019
Portland, Oregon
Before: N.R. SMITH, WATFORD, and R. NELSON, Circuit Judges.
Neither the magistrate judge nor the district court has addressed whether the
“principal injuries resulting from the alleged conduct or any related conduct of
each defendant were incurred” in Montana. 28 U.S.C. § 1332(d)(4)(A)(i)(III).
Because we do not typically make such determinations in the first instance, we
vacate the district court’s order remanding the case to Montana state court, and
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
FILED
MAY 24 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
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remand to the district court to consider this issue in the first instance. We express
no opinion regarding the merits of any other issues raised by the parties on appeal
before this court.
VACATED and REMANDED.
The Appellees’ motion for judicial notice is DENIED. Each party shall bear
their own costs.
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