Maika Fauteux v. Walmart Inc.

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

MAIKA FAUTEUX, CV 20-925 DSF (RAOx) Plaintiff, Order DENYING Motion to v. Remand (Dkt. No. 8)

WALMART, INC.,

Defendant.

Plaintiff moves for remand. The Court deems this matter appropriate for decision without oral argument. See Fed. R. Civ. P. 78; Local Rule 7-15. The hearing set for April 6, 2020 is removed from the Court’s calendar. This personal injury case is about a bicycle accident in Tucson, Arizona involving a bicycle purchased from Defendant in Tucson. The case was initially filed in Los Angeles Superior Court on March 12, 2019. The complaint did not plead Plaintiff’s citizenship or the amount in controversy. On May 4, 2019, after some dispute between the parties regarding the appropriateness of the forum, Plaintiff filed a second case in the United States District Court for the District of Arizona. Eventually, Defendant filed a motion to dismiss the state court case. In opposition to that motion, Plaintiff revealed that she was a resident of California. When the motion to dismiss the state court case was denied, the parties agreed to dismiss the federal case in…