Milton Yates v. Carmichael International Service

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

MILTON YATES, 5:24-cv-1814-DSF-Ex Plaintiff, Order DENYING Motion to v. Remand (Dkt. 14)

CARMICHAEL

INTERNATIONAL SERVICE, et al., Defendants.

Plaintiff Milton Yates moves to remand this case to state court, arguing that the case was removed beyond the statutory 30-day period. The Court deems this matter appropriate for decision without oral argument. See Fed. R. Civ. P. 78; Local Rule 7-15. As long as the complaint or an amended pleading, motion, order or other paper does not reveal that the case is removable, a defendant, in effect, may remove at any time. We have also emphasized that a defendant does not have a duty of inquiry if the initial pleading or other document is indeterminate with respect to removability. Accordingly, even if a defendant could have discovered grounds for removability through investigation, it does not lose the right to remove because it did not conduct such an investigation and then file a notice of removal within thirty days of receiving the indeterminate document. Kenny v. Wal-Mart Stores, Inc., 881 F.3d 786, 791 (9th Cir. 2018) (cleaned up). Plaintiff…