Michael Elliott v. Werner Enterprises, Inc.

I. Background

Plaintiff commenced this action, which alleges claims for employment discrimination and wrongful termination, in San Bernardino County Superior Court on October 15, 2024. Defendant filed its first Notice of Removal in Case No. EDCV 24-2532 PA (SPx), on November 27, 2024. The first Notice of Removal alleged that “Defendant was served on October 22, 2024.” (Notice of Removal in EDCV 24-2532 PA at 4 4; see also Declaration of Bree Robbins in support of NOR, 4 3 (alleging the same).) The Court conducted a Status Conference on December 20, 2024 concerning the propriety and timeliness of the Notice of Removal. During that Status Conference, the Court waived the requirements of Local Rule 6-1, allowed Plaintiff to move to remand the action, and granted Plaintiff’s Motion to Remand. Although the Court’s Order remanding the action relied exclusively on the apparent untimeliness of Defendant’s filing of the Notice of Removal beyond the 30 days allowed by 28 U.S.C. § 1446(b)(3), the Court did also state during the Status Conference that “‘even if [the untimeliness is] overlooked, there’s no subject matter properly alleged in this Notice of Removal, quite frankly. …