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Bonnie Burt v. Kindred Healthcare Operating Inc.

UNITED STATES DISTRICT COURT JS-6 CENTRAL DISTRICT OF CALIFORNIA


August 17, 2012

BONNIE BURT
v.
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

Shannon Reilly

Courtroom Deputy

ATTORNEYS PRESENT FOR PLAINTIFFS:

None

None Present

Court Reporter

ATTORNEYS PRESENT FOR DEFENDANTS:

None

PROCEEDINGS (IN CHAMBERS): ORDER REMANDING ACTION TO LOS ANGELES

SUPERIOR COURT

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


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