Burton

I. BACKGROUND

26 On June 1, 2021, Plaintiff Cynthia McGee Burton, individually and as successor in 27 interest to decedent Willie James McGee, filed a Complaint against Defendants Silverado 28 Escondido, LLC, doing business as Silverado Memory Care (“Silverado”), and Does 1-50 in the San Diego County Superior Court. (ECF No. 1-2). Plaintiff brings claims against Defendants under California state law, arising from Defendants’ alleged “neglect and deliberate disregard for the health and safety” of decedent McGee. (Id. ¶ 1). On July 2, 2021, Defendant Silverado removed the action to this Court pursuant to 42 U.S.C. § 1441 based on federal question jurisdiction under 28 U.S.C. § 1331 and pursuant to the federal officer removal statute, 28 U.S.C. § 1442. (ECF No. 1). Silverado asserts that removal based on federal question jurisdiction was proper because Plaintiff’s claims are completely preempted by the Public Readiness and Emergency Preparedness Act (“PREP Act”), 42 U.S.C. §§ 247d-6d, 247d-6e, and the Complaint necessarily raises a substantial federal question under the PREP Act. Silverado asserts that removal based on federal officer…