Frank K. Osby v. KSM Healthcare, Inc.

I.

BACKGROUND

On September 3, 2020, pro se Plaintiff commenced this action in Los Angeles County Superior Court, bringing state-law claims for negligence, medical malpractice, and elder abuse against Defendant KSM Healthcare, Inc., dba Dreier’s Nursing Care (“KSM”). Notice of Removal (“NOR”) ¶¶ 2-3 [Doc. # 1]. Plaintiff’s Complaint listed his address as being in Houston, Texas. Id. at ¶ 3. On November 4, 2020, KSM removed the action to this Court, asserting diversity jurisdiction because Plaintiff is a citizen of Texas and it is a citizen of California, and that the forum defendant rule does not apply because it removed the action before it was properly served. Id. at ¶ 1. On November 16, 2020, Plaintiff signed the instant Motion to Remand (“MTR”), which was filed by mail and entered onto the docket on November 30. [Doc. # 11.]

On December 7, 2020, KSM alerted the Court that Plaintiff had passed away. [Doc. # 14]. KSM learned of Plaintiff’s death via an email from Plaintiff’s sister, Willia Osby, on November 27, 2020, who wrote: “In light of Mr. Osby's death, decisions must be made as to how to proceed with this litigation.” Id. at 4. KSM filed an…