Lisandro Lemus v. SGL Technic LLC

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

LISANDRO LEMUS, CV 20-7385 DSF (ASx) Plaintiff, Order DENYING Motion to v. Remand (Dkt. No. 13)

SGL TECHNIC LLC,

Defendant.

Defendant SGL Technic LLC removed this case on the basis of diversity jurisdiction. Plaintiff Lisandro Lemus 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 October 19, 2020 is removed from the Court’s calendar. Plaintiff argues that the case was removed outside of the 30-day removal window and should be remanded on that basis. There is no dispute that the face of the complaint did not indicate that the amount in controversy exceeds $75,000. Defendant claims that it did not receive “a copy of an amended pleading, motion, order or other paper from which it may first be ascertained that the case is one which is or has become removable” until its receipt of Plaintiff’s responses to Defendant’s requests for admission on August 12 and, therefore, its removal was timely. Plaintiff points to two reasons that Defendant was obligated to remove earlier: that Defendant…