Dolium

I. BACKGROUND

Kosinski filed this action in the Superior Court of the State of California in Orange County on January 13, 2022, against numerous defendants including Northwest Pioneer. (Compl. Dkt. No. 1-1.) Kosinski brought claims for (1) Strict Liability; (2) Negligence; (3) Negligent Misrepresentation; (4) Breach of Implied Warranty; and (5) Vicarious Liability. (Id.) The central allegation of the lawsuit is that Kosinski suffered injuries when a relief valve on a Dolium 20 liter One Way Keg failed, causing the keg to explode. (Id. ¶ 1.) On August 14, 2023, Northwest Pioneer removed the action to federal court under 28 U.S.C. § 1332(a), diversity jurisdiction. (Dkt. No. 1.) Northwest Pioneer asserted that there is complete diversity of citizenship between Plaintiffs and Defendants and the amount in controversy exceeds $75,000. (Id. ¶ 18.) In response, Kosinski filed this motion to remand the case back to Superior Court, arguing Northwest Pioneer’s removal was untimely. (Mot. 4–5.) Northwest Pioneer disagrees and argues that Kosinski’s failed to object to the timeliness of the removal within 30 days of filing and, therefore, the Court may not remand on that basis.1 …