Jeanne Fjelstad v. Vitamin Shoppe Industries LLC
Opinion
Trial Court Opinion
O
JS-
6 7 United States District Court 8 Central District of California 9
11 JEANNE FJELSTAD, Case № 2:20-CV-07323 ODW (AFMx)
Plaintiff,
ORDER GRANTING PLAINTIFF’S
v.
MOTION TO REMAND [22] AND
14 VITAMIN SHOPPE INDUSTRIES LLC, DENYING DEFENDANT’S MOTION 15 e t al., FOR LEAVE TO AMEND NOTICE Defendants. OF REMOVAL [20]
17 I. INTRODUCTION On August 13, 2020, Defendant Vitamin Shoppe Industries, LLC (“Vitamin 20 Shoppe”), erroneously sued as The Vitamin Shoppe, Inc., Nutraceutical Corporation, 21 and Seychelles Organics, Inc., removed this action from the Los Angeles Superior Court 22 on the basis of diversity jurisdiction. (Notice of Removal (“Notice”) ¶¶ 2, 10–25, ECF 23 No. 1.) Now before the Court is Plaintiff Jeanne Fjelstad’s Motion to Remand on the 24 basis that removal was untimely under 28 U.S.C. § 1446(b)(1). (Mot. to Remand 25 (“Mot.”), ECF No. 22.) For the reasons that follow, the Court GRANTS Fjelstad’s 26 Motion.1
28 1 Having carefully considered the papers filed in connection with the Motion, the Court…