John Doe v. Tyler Clementi Foundation

I. FACTUAL AND PROCEDURAL BACKGROUND

On December 3, 2019, Plaintiff John Doe filed a Complaint against Defendants TTCF and John Roe in Los Angeles County Superior Court, alleging the following claims for battery, assault, sexual battery, false imprisonment, intentional infliction of emotional distress, and negligence. On June 11, 2020, prior to the service of the Summons and Complaint on John Roe, TTCF removed the action to this Court on the grounds of diversity jurisdiction. John Roe neither consented nor joined in the Notice of Removal. See Declaration of Allison S. Hart [Docket No. 31-1] at ¶ 3. John Roe was served with the Summons and Complaint on July 8, 2020. Defendant John Roe now moves to remand this action on the grounds that he did not consent to removal.

II. LEGAL STANDARD

A motion to remand is the proper procedure for challenging removal. See N. Cal. Dist. Council of Laborers v. Pittsburg-Des Moines Steel Co., 69 F.3d 1034, 1038 (9th Cir.1995). The removal statute is strictly construed, and any doubt about the right of removal is resolved in favor of remand. See Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir.1992); see also Prize Frize, Inc. v. Matrix,…