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Rodriguez v. Costco Wholesale Corp.

United States District Court, Central District of California
Jan 21, 2022
2:21-cv-04239-RGK-RAO (C.D. Cal. Jan. 21, 2022)

Opinion

2:21-cv-04239-RGK-RAO

01-21-2022

Silvia Rodriguez v. Costco Wholesale Corporation et al


CIVIL MINUTES - GENERAL

R. GARY KLAUSNER, UNITED STATES DISTRICT JUDGE

Proceedings: (IN CHAMBERS) Order Re: Plaintiff's Motion to Remand [DE 29]

I. INTRODUCTION

On October 15, 2020, Silvia Rodriguez (“Plaintiff”) filed a complaint against Costco Wholesale Corporation (“Costco”) and Adrian Doe (collectively, “Defendants”) in state court, alleging claims for negligence and premises liability. Plaintiff's claims arise from a slip and fall at a Costco store. (Compl., ECF No. 1-1.) On May 20, 2021, Defendant removed the action to federal court on diversity jurisdiction grounds (28 U.S.C. § 1332). (Notice of Removal, ECF No. 1.) Presently before the Court is Plaintiff's Motion to Remand the case (ECF No. 29). For the following reasons, the Court DENIES Plaintiff's Motion.

II. DISCUSSION

Plaintiff asserts that she just learned Defendant Adrian Doe's full, legal name-Adrian Cabrera (“Cabrera”)-on October 8, 2021, when Costco served its initial disclosures. Plaintiff also asserts that Cabrera, like Plaintiff, is a citizen of California. Because there is now no complete diversity between the parties, according to Plaintiff, the Court should remand the case for lack of subject matter jurisdiction. However, the Court declines to remand this case because Adrian Cabrera is not a defendant in this action.

The Court held a scheduling conference on August 30, 2021, and set September 30, 2021, as the last day to move to amend the complaint or add parties. (ECF No. 26.) Plaintiff failed to move for leave to amend. Even if the Court would interpret Plaintiff's instant motion as an implicit request to amend her complaint, Plaintiff has failed to establish any good cause to modify the scheduling order. See Fed. R. Civ. Proc. 16(b)(4). 1

III. CONCLUSION

Accordingly, the Court DENIES Plaintiff's Motion to Remand.

IT IS SO ORDERED. 2


Summaries of

Rodriguez v. Costco Wholesale Corp.

United States District Court, Central District of California
Jan 21, 2022
2:21-cv-04239-RGK-RAO (C.D. Cal. Jan. 21, 2022)
Case details for

Rodriguez v. Costco Wholesale Corp.

Case Details

Full title:Silvia Rodriguez v. Costco Wholesale Corporation et al

Court:United States District Court, Central District of California

Date published: Jan 21, 2022

Citations

2:21-cv-04239-RGK-RAO (C.D. Cal. Jan. 21, 2022)