Platt, LLC, et al. v. OptumRx, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 9 PLATT, LLC, et al., Case No. 25-cv-07018-RS Plaintiffs, 11 v. ORDER GRANTING REMAND

OPTUMRX, INC.,

13 Defendant.

15 I. INTRODUCTION This action was filed in Alameda County Superior Court in September of 2020. Nearly five years later, defendants filed a notice of removal, asserting removal jurisdiction exists under the “federal officer removal statute,” 28 U.S.C. § 1442(a)(1), because plaintiffs seek to hold them liable for conduct they contend was “connected with” their “actions under a federal agency—the Veteran’s Health Administration (“VHA”).” Just under 30 days after that, defendants filed an “amended” notice of removal, still based on the theory that their challenged conduct was “connected with” their actions “under” the VHA, but adding the Centers for Medicare & Medicaid Services (“CMS”) as an additional agency “under” which they purportedly acted. Plaintiffs responded to the initial notice of removal…