Kelly Davis v. Hoag Memorial Hospital Presbyterian

I. INTRODUCTION

22 In this putative class action, Plaintiff Kelly Davis alleges that Defendant Hoag 23 Memorial Hospital Presbyterian (“Hoag”) conspires with Facebook to intercept 24 communications containing personally identifiable information, protected health 25 information, and related confidential information. (Dkt. 1-1 [Complaint, hereinafter 26 “Compl.”] ¶¶ 2, 10.) Hoag removed the case to this Court under the federal officer 27 removal statute, 28 U.S.C. § 1442(a)(1). (Dkt. 1 [Notice of Removal, hereinafter “NOR”] ¶ 10.) When removing the case, Hoag noted that it is related to another case before this Court, Doe v. Hoag Memorial Hospital Presbyterian, Case No. SACV 23- 04444-CJC (ADSx) (“Doe”), in which Hoag made the same arguments regarding applicability of the federal officer removal statute under similar circumstances. (Dkt. 2.) The day before Hoag removed this case, the Court granted a motion to remand in Doe, explaining that the federal officer removal statute did not apply. Doe v. Hoag Mem’l Presbyterian Hosp., 2023 WL 3197716, at *3 (C.D. Cal. May 2, 2023). Now before the Court is Plaintiff’s motion to remand this case. (Dkt.…