Emma Martin v. Serrano Post Acute, LLC

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

EMMA MARTIN, et al., CV 21-187 DSF (SKx) Plaintiffs, Order GRANTING Motion to v. Remand (Dkt. No. 23)

SERRANO POST ACUTE LLC, et al., Defendants.

Plaintiffs are family members of a man who died of COVID-19 while a resident of a nursing home owned or operated by the various Defendants. Defendants removed this case for the second time on the basis of federal officer jurisdiction and federal question jurisdiction. Plaintiffs again move to remand. The Court deems this matter appropriate for decision without oral argument. See Fed. R. Civ. P. 78; Local Rule 7-15. The Court will not repeat its reasoning from its prior order remanding this case. It sees no reason to revise any of it and the reasoning of the prior order is incorporated into this order. The only change in circumstances since the issuance of the prior remand order is that the Department of Health and Human Services issued a further Declaration on the application of the Public Readiness and Emergency Preparedness Act (PREP Act), 42 U.S.C. §§ 247d-6d, 247d-6e, and the HHS General Counsel issued an advisory opinion on January 8, 2021…