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ROTH v. CHA HOLLYWOOD MEDICAL CENTER, L.P.

No. 13-55771.

720 F.3d 1121 (2013)

Amy ROTH; Shana Ekin, as individuals and on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. CHA HOLLYWOOD MEDICAL CENTER, L.P., dba CHA Hollywood Presbyterian Medical Center and Hollywood Presbyterian Medical Center; CHS Healthcare Management, L.L.C., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

June 27, 2013.

Attorney(s) appearing for the Case

Karin L. Bohmholdt (argued), Mark D. Kemple , and Bryan J. Lazarski , Greenberg Traurig, LLP, Los Angeles, CA, for Defendants-Appellants.

Louis M. Marlin (argued) and Kristen Marquis Fritz , Marlin & Saltzman, LLP, Irvine, CA; Donald C. Potter , Law Office of Donald C. Potter, Pasadena, CA, for Plaintiffs-Appellees.

Before: STEPHEN S. TROTT, CARLOS F. LUCERO, and WILLIAM A. FLETCHER, Circuit Judges.

OPINION

W. FLETCHER, Circuit Judge:

Defendants appeal from the district court's remand to state court under the Class Action Fairness Act ("CAFA"). 28 U.S.C. § 1453(c)(1). The district court construed 28 U.S.C. § 1446(b)(1) and (b)(3) to permit removal only during the two thirty-day periods specified in those subsections. It held that removal was improper because defendants had not sought removal...

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