Steiner

Steiner v. Horizon Moving Systems, Inc.

Good Law
568 F. Supp. 2d 1084·2008 WL 2917588·2008 U.S. Dist. LEXIS 65274
United States District Court, Central District of CaliforniaJuly 25, 2008EDCV 08-682-VAPCalifornia1,500 words

Opinion

Opinion

Phillips, J.

ORDER DENYING PLAINTIFF’S MOTION FOR ORDER REMANDING REMOVED ACTION

The Court has received and considered all papers filed in support of, and in opposition to, Plaintiffs “Motion for Order Remanding Removed Action to State Court.” The Motion is appropriate for resolution without oral argument. See Fed.R.Civ.P. 78; Local Rule 7-15. For the reasons set forth below, the Court DENIES the Motion.

I. BACKGROUND

A. Procedural Background

Plaintiff Arlene Steiner filed a form Complaint in the California Superior Court for the County of San Bernardino on October 4, 2007, alleging claims for breach of contract, negligence, and fraud against Defendants Horizon Moving Systems, Inc. and Horizon Moving System of Arizona, LLC (collectively, “Horizon”).

On May 16, 2008, Defendants filed a “Notice for Removal” (“Notice”) in this Court and premised their removal on federal question jurisdiction and federal jurisdiction of actions brought under 49 U.S.C. section 14706 . [See Notice for Removal ¶ 2 (citing 28 U.S.C. §§ 1331 , 1337).] With respect to the timeliness of removal, Defendants stated that they did not learn the case could be removed until they took Plaintiffs deposition on April 18,…

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