Martin

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

BARBARA DRISCOLL MARTIN, et al., Case No. 24-cv-06282-VC

Plaintiffs,

ORDER GRANTING MOTION TO

v. REMAND

CVS PHARMACY, INC., et al., Re: Dkt. No. 10 Defendants.

The motion to remand is granted. Section 1446 requires all properly served and joined defendants to consent to removal. 28 U.S.C. § 1446(b)(2)(A). A removing defendant has thirty days from service of the initial pleading to secure the consent of any non-joining defendants to remove the case from state court. Id. § 1446(b)(1), (b)(2)(A). The CVS defendants did not secure the consent of AIN11CA prior to removal. The CVS defendants assert that they were unsure whether AIN11CA had been properly served when they filed their notice of removal. But the CVS defendants were not reasonably diligent in determining whether, in fact, service on AIN11CA was improper. Three weeks prior to the CVS defendants’ filing of the notice of removal, the plaintiffs had filed a proof of service for AIN11CA indicating that a process server had served a copy of the summons on a registered agent of process on the same day that the CVS defendants were…