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Lewis v. Qvc, Inc.

United States District Court, C.D. California

April 20, 2017

DEIDRE LEWIS
v.
QVC, INC.

          PRESENT: HORABLE DAVID O. CARTER, JUDGE

          CIVIL MINUTES - GENERAL

         PROCEEDINGS (IN CHAMBERS): ORDER DENYING PLAINTIFF'S MOTION TO REMAND [12]

         Before the Court is Plaintiff's Motion to Remand (“Motion”) (Dkt. 23). The Court finds this matter appropriate for resolution without oral argument. See Fed. R. Civ. P. 78; L.R. 7-15. After reviewing the moving papers and considering the parties' arguments, the Court DENIES Plaintiff's Motion.

         I. Background

         A. Facts

         The Court adopts the facts as set out in Plaintiff's Complaint (“Complaint”) (Dkt. 1-1).[1]

         On March 3, 2016, Plaintiff Deidre Lewis (“Plaintiff”) was using a Cook's Essentials Programmable Pressure Cooker, Model CEPC600S (“Cooker”) when it exploded. Compl. ¶ 8. Plaintiff suffered injuries from the explosion including a traumatic brain injury, second and third degree burns, and various orthopedic injuries. Id. ¶ 10. Plaintiff was also pregnant at the time of the explosion. Id. ¶ 11.

         Defendant QVC, Inc. (“QVC”) designed, manufactured, and distributed the Cooker. Id. ¶ 9. Plaintiff alleges that the cooker contained a manufacturing defect when it left QVC's possession. Id. ¶ 14.

         B. Procedural History

         Plaintiff filed this suit in the California Superior Court for the County of Orange on October 26, 2016 (Dkt. 1). Plaintiff filed a First Amended Complaint (“FAC”) on February 8, 2017 (Dkt. 12-2), adding Spectrum Brands, Inc.; Salton, Inc.; QVC Ontario, LLC; and Pick Five Imports, Inc. (“Pick Five”) as defendants to the action. Plaintiff did not serve the FAC on QVC or the added defendants until February 16 and 17, 2017, after QVC had already removed the action to the Central District of California (Dkt. 1).

         Plaintiff brings the following claims: (1) strict products liability, manufacturing defect; (2) strict products liability, design defect; (3) strict products liability, failure to warn; and (4) negligence. See Compl.

         On March 21, 2017, Plaintiff filed the instant Motion. QVC opposed on April 3, 2017 (Dkt. 14), and Plaintiff replied on April 10, 2017 (Dkt. 15).

         II. Legal Standard

         “If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded.” 28 U.S.C. § 1447(c). Removal of a case from state court to federal court is governed by 28 U.S.C. § 1441, which provides in pertinent part that “any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed . . . to the district court of the United States for the district and division embracing the place where such action is pending.” The removing defendant must file a notice of removal in the appropriate United States District Court, together with all process, pleadings, and orders served upon the defendant. 28 U.S.C. § 1446(a). Notice of removal must be filed within thirty days of receiving a copy of the original complaint, or “within 30 days after the service of summons upon the defendant, if such initial pleading has then been ...


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