Robyn Wood v. Charter Communications LLC

I. INTRODUCTION

On September 6, 2019, Robyn Wood (“Plaintiff”) filed a Complaint in Superior Court against her employer, Charter Communications-Spectrum, Inc. (“Defendant”), alleging claims arising from Defendant’s failure to accommodate her pregnancy. On December 12, 2019, Plaintiff served Defendant with the Summons and Complaint, and on December 20, Defendant filed its Answer. On March 6, 2020, Defendant filed a Notice of Removal to this Court on the basis of diversity of citizenship, asserting that while Plaintiff is a citizen of California, Defendant is a Delaware corporation with a headquarters and principal place of business in St. Louis, Missouri. Although Defendant’s notice of removal is outside the 30 day period from service of the Complaint prescribed by 28 U.S. Code § 1446(b)(2)(B), Defendant contends that it is nevertheless timely because Defendant did not learn the case was removable until it received interrogatory responses specifying Plaintiffs requested compensatory damages on February 12, 2020. (See Notice of Removal (“Notice”) § 7, ECF No. 1); 28 U.S. Code § 1446(b)(3), (c)(3)(a). For the reasons stated below, the Court hereby REMANDS the action for lack of…