Eli Ramos v. Crown Equipment Corporation

I. BACKGROUND

On April 4, 2024, Plaintiff Eli Ramos (“Plaintiff”) filed a complaint in the Superior Court of California for the County of San Bernardino against Defendant Crown Equipment Corporation (“Defendant”) and Does 1 through 50, inclusive. (“Complaint,” Dkt. No. 1-1.) The Complaint alleges four causes of action: (1) negligence; (2) breach of warranty; (3) strict liability; and (4) negligence per se. On May 9, 2024, Defendant removed the action based on diversity jurisdiction. (“Notice of Removal,” Dkt. No. 1.) On May 28, 2024, Plaintiff filed the Motion. (See Motion.) Defendant opposed the Motion on June 3, 2024. (“Opposition,” Dkt. No. 12.) On June 13, 2024, Plaintiff filed a reply.! (““Reply,” Dkt. No. 13.) 1 Plaintiff filed both his Motion and his Reply late. Plaintiff was required to file the Motion no later than twenty-eight days before the hearing date and the reply no later than fourteen days before the hearing date. See Fed. R. Civ. P. 6, 7; L.R. 6-1, 7-10. Plaintiff is warned that any future failure to comply with the Local Rules will result in sanctions.

II. LEGAL STANDARD

Pursuant to 28 U.S.C. § 1441(a), a defendant may remove a matter to federal…