Roth v. CHA Hollywood Med. Ctr., 2013 WL 3214941 (9th Cir. 2013)

The employer defendant in this case removed the action from state to federal court after it discovered through its own investigation that the case was removable under the Class Action Fairness Act ("CAFA"). Plaintiff filed a motion to remand the action to state court because defendants had not received from plaintiff a pleading or document that showed the case was removable to federal court. The district court granted the motion to remand, but the Court of Appeals for the Ninth Circuit reversed, holding that "a defendant who has not lost the right to remove because of a failure to timely file a notice of removal under § 1446(b)(1) or (b)(3) may remove to federal court when it discovers, based on its own investigation, that a case is removable."