Adrienne Janis v. Health Net Inc.

MEMORANDUM

Adrienne Janis filed a class action against Health Net, Inc. and Health Net, Inc. of California (together, “Health Net”) in state court. Health Net removed to federal court. Health Net’s notice of removal sufficiently alleged that 28 U.S.C. § 1332 (d)’s jurisdictional requirements were met. See 28 U.S.C. § 1446 (a). After removal, Janis moved to remand to state court, arguing that Health Net had not proved that § 1332(d)’s requirements were satisfied. Health Net opposed the motion. It submitted evidence to prove that § 1332(d)’s requirements were more likely than not met. See Lowdermilk v. U.S. Bank Nat’l Ass’n, 479 F.3d 994, 998 (9th Cir.2007). The district court refused to consider Health Net’s evidence because Health Net did not submit the evidence at the time it filed its notice of removal. The district court ordered the case remanded to state court. We granted Health Net’s petition for permission to appeal the district court’s order. See 28 U.S.C. § 1453 (c). We reverse.

Nothing in 28 U.S.C. § 1446 requires a removing defendant to attach evidence of the federal court’s jurisdiction to its notice of removal. Section 1446(a) requires merely a “short and plain…