Mark A. Baird v. PulteGroup, Inc.

I. BACKGROUND

On March 14, 2022, Plaintiffs filed a complaint against Defendants PulteGroup, Inc., Pulte Home Company, LLC, Pulte Mortgage LLC, and Del Webb Communities, Inc. (collectively, “Pulte” or “Pulte Entities”), Brett Picano (“Mr. Picano”) and Does -100 in the Superior Court of the State of California, County of Riverside. (“Notice of Removal,” Dkt. No. 1, Ex. A, “Complaint”). The Complaint asserts a single cause of action against all Defendants: Discrimination Based on Veteran Status pursuant to California’s Fair Employment and Housing Act (FEHA), Cal. Gov. Code § 12955. (See id.)

On June 6, 2022, Pulte filed an answer in state court. (Notice of Removal Ex. B.) On July 14, 2022, Mr. Picano filed an answer in state court. (Id. Ex. C.) On February 17, 2023, Defendants took the first portions of Plaintiffs’ depositions. (Id. ¶ 5; Ex. D.) On March 9, 2023, Defendants removed the action on the basis of diversity jurisdiction, asserting that Mr. Picano is a fraudulently joined or “sham” defendant. (See id. ¶ 11.) Defendants asserted that removal was timely pursuant to 28 U.S.C. § 1446(b)(3) because Pulte had notice that the action was removable only upon taking…