Keith Feder, M.D., Inc. v. Nestle USA, Inc.

I. INTRODUCTION

On July 10, 2024, Keith Feder M_D., Inc. (“plaintiff”) filed a complaint in Los Angeles Superior Court against Nestlé USA, Inc. (“defendant”) and ten doe defendants, asserting three claims for relief: (1) negligent misrepresentation; (2) promissory estoppel; and (3) enforcement pursuant to 29 U.S.C. § 1132(a)(1)(B) for failure to pay Employee Retirement Income Security Act (“ERISA”) plan benefits. Dkt. 1-2 (“Compl.”) 4] 60-79. On August 12, 2024, defendant removed the case to this Court on the basis of federal question jurisdiction and diversity jurisdiction. Dkt. 1 (“Notice of Removal”). On October 16, 2024, defendant filed a motion to dismiss. Dkt. 19. On November 28, 2024, plaintiff filed a motion for leave to file a first amended complaint. Dkt. 20. The same day, plaintiff filed its first amended complaint. Dkt. 22 (“FAC”). On December 9, 2024, the Court granted plaintiff leave to file its FAC, nunc pro tunc, and denied defendant’s motion to dismiss as moot. Dkt. 24. Plaintiff's FAC amended the cover page’s claimed damages to $50,000 from $25,000 and eliminated its ERISA claim. See generally FAC. Also on November 28, 2024, plaintiff filed…