Melanie F. Tandoc v. U.S. Renal Care, Inc.

I. Background

Plaintiffs commenced this action, which alleges claims for wrongful death and a survival action arising out of alleged employment discrimination and retaliation, in Los Angeles County Superior Court on June 26, 2024. Defendant filed its first Notice of Removal in Case No. CV 24-8720 PA (AJRx), on October 8, 2024 (‘First Notice of Removal”). The Court conducted a Status Conference on October 8, 2024 concerning the sufficiency of the citizenship allegations supporting the First Notice of Removal’s assertion that the Court possessed diversity jurisdiction over the action. 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. Following the Court’s order remanding the action, Defendant propounded discovery concerning Plaintiffs’ citizenship, and filed a second Notice of Removal on March 21, 2025 (“Second Notice of Removal”), within 30 days of receiving Plaintiffs’ answers to that discovery, in which Plaintiffs confirmed that they were citizens of and domiciled in California at the time they filed the Complaint. Plaintiffs assert that they…