Danny McDowell v. Walmart Inc.

I. BACKGROUND

This is a slip-and-fall case. On March 18, 2022,1 McDowell filed a complaint in Riverside County Superior Court alleging negligence and premises liability against Defendants Walmart, Inc.; Stephanie Whitworth Chapman, the manager of the subject store (“Store”); and Does 1 to 50. (“Complaint,” Dkt. No. 1-1.) On May 31, Walmart removed this action to this Court. (“Notice of Removal,” Dkt. No. 1.)

On June 29, McDowell filed the Motion. Walmart opposed on July 12 (“Opposition,” Dkt. No. 15); and McDowell replied on July 19 (“Reply,” Dkt. No. 17).

1 All subsequent dates are in 2022, unless otherwise stated. 2 The Court admonishes both parties for filing the Opposition and Reply one day past the respective deadlines set by this Court’s Local Rules. See L.R. 7-9 (explaining that opposing papers are due 21 days before—and reply papers, 14 days before—a motion’s hearing date). Initials of Deputy Clerk MG Page 1 of CIVIL MINUTES—GENERAL Case 5:22-cv-00897-JGB-SHK Document Filed 07/28/ Page 2 of Page ID #:274

II. LEGAL STANDARD

Federal courts have limited jurisdiction, “possessing only that power authorized by Constitution and statute.” …