Hauss

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Thomas Hauss, No. 2:23-cv-01138-KJM-JDP Plaintiff, ORDER Vv. Home Depot U.S.A., Inc. & Kimco Realty Co., 1S Defendants. 16 Defendant Kimco Realty Corporation has removed this action based on diversity 18 jurisdiction. Notice of Removal, ECF No. 1. The removal statute is strictly construed, and doubts regarding the court’s jurisdiction are resolved in favor of remand. See Luther v. Countrywide Home Loans Servicing, LP, 533 F.3d 1031, 1034 (9th Cir. 2008). Under 28 U.S.C. § 1446(b)(2)(A), “all defendants who have been properly joined and served must join in or consent to the removal of the action.” “[T]he filing of a notice of removal can be effective 23 without individual consent documents on behalf of each defendant.” Proctor v. Vishay 24 Jntertechnology Inc., 584 F.3d 1208, 1225 (9th Cir. 2009). For example, “[o]ne defendant’s 25 timely removal notice containing an averment of…