Whether the presumption against federal court subject matter jurisdiction is rebutted by state procedural law

QUESTIONS PRESENTED When the standing of a removing defendant is challenged in the Court of Appeals must that Court directly address such standing challenge pursuant to its independent and sua sponte duty to establish that the presumption against lower federal courts subject matter jurisdiction has been rebutted? Is the presumption against subject matter jurisdiction of federal courts rebutted by Washington procedural law? ii. PARTIES TO PROCEEDINGS Kim Kerrigan, the Petitioner, was the Plaintiff in the state court action which was removed by Defendant Bayview Loan Servicing, LLC (Bayview) to the United States court for the Western District of Washington. Defendant Qualstar, a Washington corporation, appeared thereafter and challenged the jurisdiction of the federal court in its attorney’s appearance. iii. CORPORATE DISCLOSURE Petitioner, Kim Kerrigan (Kerrigan) is a natural person and a citizen of Washington State.