Mixon

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LATASHA MIXON, et al., No. 2:24-cv-02290-DJC-CSK 11 Plaintiffs, v. ORDER WELLSPACE HEALTH, Defendant. 16 17 Defendant removed this matter from Sacramento Superior Court on August 22, 2024, under 28 U.S.C. § 1442(a)(1) and 42 U.S.C. § 233(l)(2). Plaintiffs have moved to remand, arguing removal was procedurally and substantively improper under both section 1442(a)(1) and section 233(l)(2). Having considered the Parties’ briefings and arguments, the Court finds Defendant’s removal under section 1442(a)(1) was deficient because Defendant has not demonstrated it was acting under the direction of a federal officer when it adopted and used Google Analytics on its Online Platforms and Patient Portal. While the Court also finds removal was premature under section 233(l)(2), the issue is ultimately moot as the Attorney General was required to remove this action to federal court under 42 U.S.C. § 233(l)(1) pursuant to the precedent set in 28 …