Metcalf
Metcalf v. Walmart Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 7 SARAH METCALF, CASE NO. 1:21-CV-1630 AWI BAK
Plaintiff
ORDER ON PLAINTIFF’S MOTION TO
v. REMAND
WALMART, INC., “LIZ,” and DOES 1-25 inclusive, (Doc. No. 3) 12 Defendants 13 14 This is a personal injury lawsuit brought by Plaintiff Sarah Metcalf against Walmart, Inc. (“Walmart”) and a manager of one of Walmart’s stores, “Liz.” Walmart removed this matter from the Kern County Superior Court on November 8, 2021, on the basis of diversity jurisdiction. See Doc. No. 1. Currently before the Court is Metcalf’s motion to remand and request for attorney’s fees. For the reasons that follow, the Court will grant the motion to remand, but decline to award fees. 21 REMAND FRAMEWORK The removal statute (28 U.S.C. § 1441) is strictly construed against removal jurisdiction. Geographic Expeditions, Inc. v. Estate of Lhotka, 599 F.3d 1102, 1107 (9th Cir. 2010); Provincial Gov’t of Marinduque v. Placer Dome,…