Sima Mikhelson v. Coldwater Care Center, LLC

I. Background

On December 23, 2021, Plaintiff filed a Complaint against Defendant in Los Angeles Superior Court alleging claims for (1) elder abuse and neglect; (2) violation of resident rights; (3) negligence; and (4) wrongful death. Plaintiff's Complaint alleges that Bers Mikhelson (the “Decedent”) was a resident of a skilled nursing home operated by Defendant. Decedent died on December 31, 2020, after contracting COVID-19. Defendant filed its Notice of Removal on January 27, 2022. In the Notice of Removal, Defendant alleges that this Court has jurisdiction over this case on the grounds that: (1) Plaintiff's claims are preempted by the Public Readiness and Emergency Preparedness Act (“PREP Act”), (2) the action raises a substantial and important federal issue, and (3) removal is proper under the federal officer statute.

I. Legal Standard

Federal courts are courts of limited jurisdiction, having subject matter jurisdiction only over matters authorized by the Constitution and Congress. See, e.g., Kokkonen v, Guardian Life Ins. Co., 511 U.S. 375, 377 (1994). A suit filed in state court may be removed to federal court if the federal court would have had…