The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
SHAKIRA STAFFORD, on behalf of )
herself and all others similarly situated, )
)
Plaintiff, )
)
v. ) Case No. CIV-23-00089-JD
)
TINKER FEDERAL CREDIT UNION, )
)
Defendant. )
ORDER
The Court has an independent obligation to determine its subject matter
jurisdiction. Upon review of the record, the Court’s jurisdiction is unclear. The Court
calls for the parties to brief this issue. Specifically, the parties should brief whether
Plaintiff’s claims involve “vindication of a right under state law” that “necessarily turn[s]
on some construction of federal law,” Franchise Tax Board v. Construction Laborers
Vacation Trust, 463 U.S. 1, 9 (1983); whether the dismissal of Defendant’s co-defendants
impacts the Court’s jurisdiction; whether any CAFA exceptions set out in 28 U.S.C.
§ 1332 preclude the Court from exercising jurisdiction or whether there are reasons why
the CAFA exceptions do not apply; and any other issues relevant to the Court’s subject
matter jurisdiction. The parties should also pay attention and note for the Court which
party has the burden on any particular issue.
The parties shall simultaneously file motions or briefs within twenty-one (21) days
from today and shall include any evidence on which they intend to rely. The parties shall
then respond to each other’s filings within fourteen (14) days of the day of filing. Any
replies (which are optional) shall be due within seven days of the date of the response
brief.
The Court further ORDERS the parties to confer through counsel before filing any
motion or brief in response to this Order and to include certificates of conferences in their
initial briefs. If the parties assess the case and determine that the Court does not have
subject matter jurisdiction, the parties shall promptly file a notice in the Court so that the
Court may remand this action to the District Court of Oklahoma County for further
proceedings.
IT IS SO ORDERED this 14th day of March 2024.
UNITED STATES DISTRICT JUDGE