Hauss

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 1] Thomas Hauss, No. 2:23-cv-01138-KJM-JDP Plaintiff, ORDER Vv. Home Depot U.S.A., Inc., and Kimco Realty Co., Defendants. 17 In this personal injury action, plaintiff Thomas Hauss moves to remand this case to state court. For the reasons below, the court grants the motion. 20 I. BACKGROUND On May 15, 2023, plaintiff served both defendants Kimco Realty Corporation and Home Depot U.S.A., Inc. with the summons and complaint. Kohls Decl. § 2, ECF No. 10-1; see also Notice of Removal § 4, ECF No. 1. On June 14, 2023, Kimco timely removed this action based ondiversity jurisdiction. Notice of Removal. Kimco did not address whether Home Depot consented to removal. See generally id. Seven days later, on June 21, 2023, Home Depot filed an answer. Answer, ECF No. 4. The next day, this court remanded the case after finding removal was improper because…