Pena v. Home Depot U.S.A., Inc.

ORDER

ANDREW S. HANEN, District Judge.

I. INTRODUCTION

The issue before the Court is whether Home Depot U.S.A., Inc. (“Home Depot”) improperly removed this case to federal court. While nominally a simple issue, this case presents a factual scenario that only a civil procedure professor would love. Plaintiff Cristina Pena initially filed suit against Home Depot in state court on November 23, 2011. Defendants then removed the case to federal court on September 25, 2012 [Doc. No. 1]. Plaintiff shortly thereafter filed a Motion to Remand [Doc. No. 4], She asserts two principal arguments for why this…