Neky

1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 MICHAEL NEKY, Case No. 19-cv-03781-WHO

6 Plaintiff,

ORDER GRANTING MOTION TO

7 v. REMAND

8 COSTCO WHOLESALE CORPORATION, Re: Dkt. No. 6 Defendant. 9

10 INTRODUCTION 11 Plaintiff Michael Neky filed suit in San Mateo County Superior Court against defendant 12 Costco Wholesale Corporation (“Costco”) alleging negligence and premises liability. Costco 13 removed the case to federal court based on diversity jurisdiction, and Neky has filed a motion to 14 remand. Because Costco’s Notice of Removal was filed outside of the 30-day window allowed by 15 28 U.S.C. § 1446(b)(3), the Motion to Remand is GRANTED. 16 BACKGROUND 17 On January 19, 2017, while working for Heartland Express, Inc., Neky made a delivery to 18 a Costco-owned property in Foster City, California. Complaint, Ex. A to the Notice of Removal 19 [Dkt. No. 1-1] (“Compl.”) ¶ 6. During the delivery, he slipped and fell on a wet area of the 20 property’s…