United States District Court, D. Hawaii
ORDER DENYING PLAINTIFF'S MOTION TO REMAND THE
A. Otake, United States District Judge.
Hawaiian Airlines, Inc. (“Defendant”) removed
this action based on federal question jurisdiction and
retention of jurisdiction over Lesane v. Hawaiian
Airlines, Civil No. 98-00735 DAE-KSC (“Lesane
I”). Plaintiff Reza Lesane
(“Plaintiff”) seeks to remand this action to
state court. For the reasons articulated below, the Court
DENIES Plaintiff's Motion to Remand the Case.
commenced this action on March 19, 2019 in the Circuit Court
of the First Circuit, State of Hawai‘i. The Complaint
asserts the following causes of action: (1) violations of
State of Hawai‘i Fair Employment Act (Counts 1-4); (2)
intentional infliction of emotional distress (Count 5); (3)
violation of the right to contract under the Hawai‘i
Constitution (Count 6); and (4) breach of contract (Count 7).
Notice of Removal (“Notice”), Ex. A. Although the
causes of action are titled as state law claims, the
Complaint contains multiple references to federal law:
7. The jurisdiction of this Court is invoked to secure the
protection of Civil Rights and to redress deprivation of
rights, privileges, and immunities secured by: a) Article One
of the Constitution of the State of Hawaii, Sections Two,
Five, Eight and Thirteen; b) The 14th Amendment to
the Constitution of the United States, Section 1; c) Commerce
Clause, article 1, section 8, clause 3 of the Constitution of
the United States; c) [sic] Chapters §378-2,
§378-32 and §378-62 of the Hawaii Revised Statutes
at seq. [sic] providing for injunctive relief and damages for
discrimination in employment; and providing for the equal
rights of citizens and all persons within the jurisdiction of
the State of Hawaii in the United States. . . .
33. Applying an 18 year life time freeze upon Mr. Lesane in
his new position of FAA safety inspection, is clearly
improperly retaliatory and illegally perpetuates the illegal
effects of past discrimination in violation of Griggs v.
Duke Power Co. 401 U.S. supra @ 426, 91 S.Ct. at 851, 28
L.Ed.2d @ 161 and quoted in Rowe vs. General Motors
Corp. 457 F.2d 345 @ 355, and NATIONAL RAILROAD
PASSENGER CORPORATION v. MORGAN, 536 U.S. 101 (2002).
Hawaiian Airlines, Inc. v. Norris, 512 U.S. 246, 251
(1994). . .
60. These actions of both Defendants both breached
Hawaiian' [sic] “Confidential” severance
contract with Plaintiff Lesane and also violated the
Plaintiff's Constitutional Right to make a contract under
42 U.S.C. 1981 [sic] . . . .
62. These actions of both Defendants breached Hawaiian'
[sic] “Confidential” severance contract with
Plaintiff Lesane signed in 2001, which contained a $300,
000.00 disclosure penalty, which Defendants Hawaiian Airlines
and Dunkerly violated by contacting the F.A.A. and
disparaging Plaintiff Lesane falsely and in breach of the
Confidentiality and non-disparagement clauses as a part of
the Defendants [sic] efforts to violate the Plaintiff's
Constitutional Right to fair employment and to make a
contract under Articles 2, 5, and 8 of the Hawaii State
Constitution and 42 U.S.C. § 1981, which breeches [sic]
and disclosures caused Plaintiff to lose a promotion and
raise of $20, 000.00 annually for which damages these
defendants are responsible to compensate Plaintiff Lesane.
effectuated service upon Defendant on March 22, 2019. Notice
at ¶ 3. Defendant subsequently removed the action,
asserting the following two bases for removal jurisdiction:
(1) federal question jurisdiction and (2) retention of
jurisdiction under Lesane I.
April 14, 2019, Plaintiff filed an Objection to Removal of
Case from State Court and Motion to Remand the Case or in the
Alternative Amend the Motion to Amend Complaint. ECF No. 9.
The Court addresses Plaintiff's request to
1441(a) authorizes removal of an action by a defendant and
(a) Generally.__ Except as otherwise expressly provided by
Act of Congress, any civil action brought in a State court of
which the district courts of the United States have original
jurisdiction, may be removed by the defendant or the
defendants, to the district court of the United States for