Rocio Rosales v. Scottsdale Insurance Company, Inc.

I. BACKGROUND

The background to this case is described in greater detail in the Court’s prior orders. (See “August Order,” Dkt. No. 20.) Briefly, on March 29, 2021, Plaintiff filed this case in the Superior Court for the County of San Bernardino. (“Complaint,” Dkt. No. 1-1.) On June 17, 2021, Defendant Scottsdale Insurance Company (“Scottsdale”) removed the action to this Court on the basis of diversity jurisdiction. (“Notice of Removal,” Dkt. No. 1.)

On June 24, 2021, Defendant Scottsdale moved to dismiss the case. (Dkt. No. 8.) Plaintiff moved to remand on July 7, 2021. (Dkt. No. 10.) However, on July 12, 2021, Plaintiff filed—perhaps inadvertently—a First Amended Complaint, (“FAC,” Dkt. No. 11-1,) which the Court accepted in its August Order. The Court held that the filing of a First Amended Complaint mooted both the pending motion to dismiss and the motion to remand. (August Order.)

On August 16, 2021, Plaintiff filed the Motion, which seeks to strike the FAC. Defendant Scottsdale opposed the Motion on August 30, 2021. (Dkt. No. 21.) Plaintiff replied on September 3, 2021. (Dkt. No. 22.)

II. LEGAL STANDARD

Federal courts have limited jurisdiction, “possessing…