UNITED STATES DISTRICT COURT JS-6 CENTRAL DISTRICT OF CALIFORNIA
August 17, 2012
KINDRED HEALTHCARE OPERATING INC., ET AL.
The opinion of the court was delivered by: Honorable John F. Walter, United States District Judge
CIVIL MINUTES -- GENERAL
ATTORNEYS PRESENT FOR PLAINTIFFS:
ATTORNEYS PRESENT FOR DEFENDANTS:
PROCEEDINGS (IN CHAMBERS): ORDER REMANDING ACTION TO LOS ANGELES
On January 26, 2012, Plaintiff Bonnie Burt ("Plaintiff") and four others filed a Complaint in Los Angeles Superior Court against Defendants Kindred Healthcare Operating, Inc., and Kindred Healthcare, Inc. (collectively, the "Kindred Defendants"). On April 5, 2012, the Kindred Defendants removed the action to this Court. On May 14, 2012, at the New Case Status Conference, the Court ordered the plaintiffs to file five separate actions. Subsequent to May 14, 2012, but prior to Plaintiff filing her Complaint on July 13, 2012, Plaintiff discovered that there were additional entities and individuals that should be named as defendants and, thus, Plaintiff named these additional entities and individuals as defendants when she filed her Complaint on July 13, 2012.*fn1
However, it is undisputed that the addition of these additional defendants destroys diversity. Therefore, this Court no longer has subject matter jurisdiction over this action. Accordingly, this REMANDED to Los Angeles Superior Court for lack of subject matter jurisdiction. See 28 U.S.C. § 1447(c), (e).
IT IS SO ORDERED.
Initials of Deputy Clerk sr