Kevin Lee Coovert v. Little Giant Ladder Systems, LLC

I. Background

This is an action for product liability arising out of Plaintiff’s claim that Defendant manufactured a ladder that was defective in design or warning, with unstable legs that caused it to collapse and injure Plaintiff. See generally Complaint (“Compl.”) (Dkt. 1-1).

Plaintiffs originally filed suit in the Superior Court of California, County of Orange, on October 18, 2023. See Notice of Removal (“Notice”) (Dkt. 1). On March 12, 2024, Defendant removed the action to this Court, asserting diversity jurisdiction.

II. Legal Standard

“If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded.” 28 U.S.C. § 1447(c). Removal of a case from state court to federal court is governed by 28 U.S.C. § 1441, which provides in

CIVIL MINUTES – GENERAL

Case No. 8:24-cv-00527-DOC-KES Date: March 18, 2024 Page 2

relevant part that “any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed . . . to the district court of the United States for the district and division embracing the place where such action is…