Lisa Burkhartsmeier v. Power Mobile Life, LLC

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

LISA BURKHARTSMEIER, Case No. 2:24-cv-06617-SB-SK

Plaintiff, v. ORDER GRANTING MOTION TO

REMAND AND FOR

POWER MOBILE LIFE, LLC et al., ATTORNEY’S FEES [DKT. NO. 9] Defendants.

Plaintiff Lisa Burkhartsmeier filed a complaint in state court, asserting various causes of action arising out of her employment and termination by Defendants. Nearly two months after being served, Defendants removed the case, invoking diversity jurisdiction and claiming that removal was timely because Plaintiff had agreed to extend the time to answer. Plaintiff now moves to remand because Defendants removed more than 30 days after they were served with the complaint. Dkt. No. 9. Plaintiff also seeks attorney’s fees under 28 U.S.C. § 1447(c) and Local Rule 83-7. The Court held a hearing on October 4, 2024 and heard argument from the parties. Because Defendants’ removal was untimely and their asserted reasons for timeliness were objectively unreasonable, the Court grants the motion to remand and awards attorney’s fees to Plaintiff. I. A defendant may remove a civil action from state to federal…