Parvana Shapur Irani v. Sompo America Insurnace Services LLC, et al

Filing 14

(IN CHAMBERS) ORDER REMANDING CASE TO SUPERIOR COURT by Judge Dale S. Fischer remanding case to Superior Court of California, County of Los Angeles, Case number BC654860: The case is REMANDED to the Superior Court of California for the County of Los Angeles. IT IS SO ORDERED. Please refer to the Court's order for specifics. (Case Terminated. Made JS-6) (cr)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
MEMORANDUM
JS 6
Case No.
Title

Date

CV 17-3580 DSF (AGRx)

5/18/17

Parvana Shapur Irani v. Sompo America Insurance Services, LLC

Present: The
Honorable

DALE S. FISCHER, United States District Judge

Debra Plato
Deputy Clerk

Not Present
Court Reporter

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not Present

Not Present

Proceedings:

(In Chambers) Order REMANDING Case to Superior Court

This case was previously removed and remanded to state court. Defendant has
removed the case again. Generally, removal after remand is not allowed if the second
removal is on the same basis as the first. See Seedman v. U.S. Dist. Ct., 837 F.2d 413,
414 (9th Cir. 1988); Peabody v. Maud Van Cortland Hill Schroll Trust, 892 F.2d 772,
776 (9th Cir. 1990); Midlock v. Apple Vacations West, Inc., 406 F.3d 453, 456-57 (7th
Cir. 2005). However, a second removal is allowed where different grounds for, or
evidence in support of, removal becomes available after the first removal. See Peabody,
892 F.2d at 776; Midlock, 406 F.3d at 457. The claimed basis for jurisdiction – diversity
– is the same for both removals. The removing Defendant failed to properly assert
diversity jurisdiction in the first instance and is barred from a “do over.” This is not an
“amended notice of removal” as the notice of removal asserts. It is a new notice of
removal in a new federal case. The previous case was remanded; there is no longer
jurisdiction in this Court over that case to allow amendment.
The case is REMANDED to the Superior Court of California for the County of Los
Angeles.
IT IS SO ORDERED.

CV-90 (12/02)

CIVIL MINUTES - GENERAL

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