Johnny R Walker v. Dennis D McCarty

I. BACKGROUND

On October 10, 2018, Plaintiff Johnny R. Walker (“Plaintiff”) filed a complaint against Dennis D. McCarty (“Defendant”) and Does 1 through 100 in the Riverside Superior Court. (“Complaint,” Dkt. No. 1-2.) Plaintiff alleges Defendant negligently caused a motor vehicle collision, causing bodily injuries and damages to Plaintiff. (Id. at 7.) On April 8, 2019, Defendant removed the action to this Court. (“Notice of Removal” or “NOR,” Dkt. No. 1.)

On July 17, 2019, Plaintiff filed the Motion. Defendant filed an opposition on July 29, 2019. (“Opp.,” Dkt. No. 20.) Plaintiff filed a reply on August 5, 2019. (“Reply,” Dkt. No. 24.)

II. LEGAL STANDARD

Pursuant to 28 U.S.C. § 1441(a), a defendant has the right to remove a matter to federal court where the district court would have original jurisdiction. Caterpillar, Inc. v. Williams, 482 U.S. 386, 392 (1987). Federal district courts have original jurisdiction over civil actions in which complete diversity of citizenship between the parties exists and the amount in controversy exceeds $75,000. 28 U.S.C. § 1332(a). “A suit between ‘citizens of a State and citizens or subjects of a foreign state’ lies within…