Cushman v. Physical Rehabilitation Network, LLC

Opinion

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a 3 FILED 5 MAY 15 2024 6 CLERK. U.S. DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 7 BY DEPUTY 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 |} ANTHONY CUSHMAN, individually Case No.: 3:23-cv-01798-BEN-DDL and on behalf of others similarly situated; CLASS ACTION and MARITZA HERNANDEZ, 13 || individually and on behalf of other ORDER REQUIRING ADDITIONAL 14 similarly situated, BRIEFING 5 Plaintiffs, 16 7 PHYSICAL REHABILITATION NETWORK, LLC, a Delaware limited 18 || liability company; HEALTHCARE 19 EMPLOYEE SERVICES, LLC, a California limited liability company; and 20 || DOES 1 through 50, inclusive, 51 Defendants.

3 Federal courts have limited jurisdictional power and have a continuing duty to confirm their subject matter jurisdiction. Steel Co. v. Citizens for a Better Env't, 523 5 U.S. 83, 94 (1998). A district court has “an independent obligation to determine that 6 subject matter jurisdiction exists.” Serrano v. 180 Connect, Inc., 478 F.3d 1018, 1021 17 (9th Cir. 2007). 28

Accordingly, in connection with the Plaintiffs’ motion for remand, the Court 2 ||hereby ORDERS the parties to submit additional briefing on the following issues: 3 1. The location of the principal place of business of Defendant Physical 4 || Rehabilitation Network, LLC; and 5 2. The location of the principal place of business of Defendant Healthcare 6 ||Employee Services, LLC. 7 The parties shall each file a single opening brief on the issues above no later than 8 ||Friday, May 31, 2024. The briefs shall not exceed five (5) pages (excluding any 9 evidentiary attachments). The parties may file an opposition brief no later than Friday, 10 ||June 7, 2024. The opposition briefs shall not exceed five (5) pages (excluding any 11 evidentiary attachments). There shall be no reply briefing. 12 13 IT IS SO ORDERED. f\ = 14 Dated: May 15, 2024 15 . ROGER T. BENITEZ United States District Judge

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