Neky

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

Plaintiff,

ORDER GRANTING MOTION TO

v. REMAND

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

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