Andrew Coleman v. Greyhound Lines, Inc.

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

ANDREW COLEMAN, Case No. 5:23-cv-01765-SB-SP

Plaintiff,

v. ORDER DENYING MOTION TO

REMAND [DKT. NO. 16]

GREYHOUND LINES, INC.,

Defendant.

At the October 6 mandatory scheduling conference, the Court directed the parties to “promptly meet and confer to discuss the possibility of an early settlement or of remanding the case by stipulation” and ordered that “[i]f the parties are unable to reach agreement, Plaintiff no later than October 13, 2023, shall file his motion for leave to file a First Amended Complaint (FAC) and to remand.” Dkt. No. 12 at 1–2. The Court explained in its minute order that Plaintiff’s argument that removal was improper was flawed:

Plaintiff has suggested that the removal was improper and the Court lacks jurisdiction because the driver of the bus is likely a California resident. As counsel conceded at the conference, the bus driver was named as a Doe defendant, such that his or her citizenship is disregarded in determining whether diversity is complete for purposes of removability. 28 U.S.C. § 1441(b)(1). Thus, removal was proper, and the Court…