John Doe v. ERMC Aviation LLC

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

JOHN DOE, Case No. 2:23-cv-02612-SB-MAR

Plaintiff,

v. ORDER DENYING MOTION TO

REMAND [DKT. NO. 10]

ERMC AVIATION LLC et al.,

Defendants.

Plaintiff John Doe filed this action in Los Angeles County Superior Court, alleging various state law claims against Defendants ERMC Aviation LLC (ERMC), UNIFI Services LLC, and unnamed Defendants arising from an incident of alleged sexual harassment. Invoking diversity jurisdiction, ERMC removed. Dkt. No. 1. Plaintiff now moves to remand. Dkt. No. 10. The Court finds this matter suitable for decision without oral argument and vacates the May 26, 2023 motion hearing. Fed. R. Civ. P. 78; L.R. 7-15.

A defendant may generally remove a civil action to federal court when jurisdiction originally would lie in federal court. 28 U.S.C. § 1441(a). Diversity jurisdiction under 28 U.S.C. § 1332 requires complete diversity of citizenship among the parties and that the amount in controversy exceeds $75,000. In determining whether a case is removable on the basis of diversity, “the citizenship of defendants sued under fictitious…