Maurilio Duran v. Wal-Mart Stores, Inc.
Opinion
Trial Court Opinion
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No. 2:20-cv-05652-SVW-PJW Date September 17, 2020 Title Maurilio Duran v. Wal-Mart Stores, Inc., et al
Present: The Honorable STEPHEN V. WILSON, U.S. DISTRICT JUDGE Paul M. Cruz N/A Deputy Clerk Court Reporter / Recorder Tape No. Attorneys Present for Plaintiffs: Attorneys Present for Defendants:
N/A N/A
Proceedings: IN CHAMBERS ORDER REMANDING CASE
A defendant has 30 days to remove a case after removability first becomes ascertainable. 28 U.S.C. § 1446(b)(3). The statute is "strictly construe[d]" against removal. Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992). Defendant received Plaintiff's Statement of Damages on May 5, 2020. Dkt. 6, Exs. 4-5. That document described past and future medical expenses exceeding $75,000, which triggered the 30-day removal period. See Neky v. Costco Wholesale Corp., 2019 WL 5076667, at *2 (N.D. Cal. 2019). Defendant's June 25, 2020 notice of removal was therefore untimely and Plaintiff's motion to remand is GRANTED. Plaintiff's request for attorney's fees…