Country Casualty Insurance Company v. Hyundai Motor America

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

COUNTRY CASUALTY Case No. 8:24-cv-02428-SB-JDE INSURANCE COMPANY et al.,

Plaintiffs,

ORDER DENYING MOTION TO

v. REMAND [DKT. NO. 19]

HYUNDAI MOTOR AMERICA et al.,

Defendants.

This action was removed based on diversity jurisdiction. Dkt. No. 1. Plaintiffs now move to remand, relying solely on the argument that “snap removal”—the removal of a case before an in-state defendant is served—violates the forum-defendant rule in 28 U.S.C. § 1441(b)(2). Dkt. No. 19. The Court finds this matter suitable for decision without oral argument and vacates the January 24, 2025 motion hearing. Fed. R. Civ. P. 78; L.R. 7-15. Plaintiffs do not dispute that diversity is complete. And they acknowledge that district courts in the Ninth Circuit are divided on the propriety of snap removal—the sole issue on which their motion is based. This Court has explained its view, shared by multiple circuit courts, that the plain text of § 1441(b)(2)— which prohibits removal “if any of the parties in interest properly joined and served as defendants” is a citizen of the forum state—unambiguously…