Manuel Anthony Maestas v. Toyota Motor Corporation et al.

Summary

The United States District Court for the Central District of California granted Manuel Anthony Maestas’s motion to remand. The court held that removal was untimely under 28 U.S.C. § 1446(b)(3), declined to apply the multidistrict litigation stay, and remanded the case to the First Judicial District of the State of New Mexico.

Holdings

1. Removal was untimely because TRQSS could ascertain by February 15, 2024, and at least by May 6, 2024, that the case had allegedly become removable, but did not remove it until October 8, 2024.
2. TRQSS failed to establish that Maestas acted in bad faith to prevent removal, so the asserted bad-faith exception did not excuse the removal.
3. The court deemed TRQSS's failure to oppose the remand motion consent to granting the motion under the applicable local rules.

Questions Presented

1. Whether removal was untimely under the thirty-day removal period in 28 U.S.C. § 1446(b)(3).
2. Whether the one-year limitation on removal in 28 U.S.C. § 1446(c)(1) was excused because the plaintiff acted in bad faith to prevent removal.
3. Whether the case should be remanded to New Mexico state court.

Disposition

remanded