Espinoza Obeso v. National Railroad Passenger Corporation dba Amtrak

I. BACKGROUND

1 The following discussion of background facts is based on the allegations contained in 2 Plaintiffs’ complaint (Dkt. 1 at Ex. A (the “Complaint”)), the truth of which the Court accepts for 3 purposes of resolving the Motion. See Bastami v. Semiconductor Components Indus., LLC, No. 4 17-cv-00407-LHK, 2017 WL 1354148, at *3 n.2 (N.D. Cal. Apr. 13, 2017). On October 15, 2022, 5 as Luz Aide Espinoza (“Decedent”) attempted to drive her car through a railroad crossing in 6 Monterey County, California, she was struck by an Amtrak train and died. See Complaint ¶¶ 19- 7 20. Plaintiffs, as heirs to Decedent’s estate, subsequently commenced an action in the Superior 8 Court of California for the County of Monterey, seeking recovery against six named defendants 9 and 30 Doe defendants for their roles in Decedent’s death. See id. ¶¶ 1-15; 45-84. 10 On June 6, 2023, Amtrak removed the state-court action to this court based on federal- 11 question jurisdiction. See Dkt. 1 ¶ 3. No other named Defendant joined in or consented to the 12 removal at that time. See id. ¶¶ 1-7 (no discussion of whether other named Defendants join in or 13 consent to removal). Plaintiffs then…