Andrew Von Oeyen v. The Boeing Company

I. BACKGROUND

On February 8, 2019, Plaintiffs commenced this action in the Los Angeles County Superior Court. (Notice of Removal (“NoR”), Ex. A (“Complaint”) (Docket No. 1)). On April 30, 2019, Plaintiffs filed a First Amended Complaint (“FAC”). (Declaration of Suzelle M. Smith (“Smith Decl.”), Ex. A (“FAC”) (Docket No. 26-2)). On May 6, 2019, Boeing removed the action to this Court based on the original Complaint, invoking the federal officer removal statute, 28 U.S.C. § 1442(a)(1), and the Price-Anderson Act, 42 U.S.C. § 2210(n)(2). The FAC contains the following allegations: On November 8, 2018, a fire was ignited in Los Angeles County in the area of the Santa Susana Field Laboratory (“SSFL”). (FAC ¶ 1). The fire (the “Woolsey Fire”) burned for 13 days across 96,949 acres, “destroying at least 1,643 structures, damaging at least 341 other structures, causing three firefighter injuries, causing fire- related and smoke-related injuries to thousands of residents, and killing three civilians.” (Id.). Plaintiffs are residents and owners of property in Malibu, California and suffered substantial losses as a result of the Woolsey Fire, including, but not limited to, loss of…