Jane Doe v. Amgen Inc.

I. BACKGROUND

Plaintiff Jane Doe filed a putative class action complaint against Defendant asserting eight state law claims and one federal claim for violation of the Electronic Communications Privacy Act (“ECPA”). (See Compl. 95-200, ECF No. 1-2.) Defendant filed a notice of removal and contended that the Court had federal- question jurisdiction over the federal claims, and supplemental jurisdiction over the remaining claims. (Not. of Removal {§{{ 6-8.) In the first amended complaint, Plaintiffs alleged, for the first time, that the Court had jurisdiction under the Class Action Fairness Act of 2005 (“CAFA”). (FAC 49, ECF No. 27.) After motion to dismiss briefing, the Court dismissed the ECPA claim without leave to amend. (MTD Order 10-11, 17, ECF No. 59.) All that remains in this case are three state law claims.

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(4AC ¶¶ 192–224, ECF No. 69.) The parties had not raised jurisdictional issues until Plaintiffs’ present motion to remand.

II. LEGAL STANDARD

In an action over which a district court possesses original jurisdiction, the court “shall have…