Cynthia Speed v. Delta Air Lines Inc.
2:24-cv-08687
C.D. Cal.Jul 18, 2025Background
- Cynthia Speed, a Delta Airlines manager at LAX, was suspended and later terminated after an incident with a passenger involving alleged physical assault and use of racial slurs.
- Speed filed suit in California state court, alleging wrongful termination, harassment, and retaliation under the California Fair Employment and Housing Act.
- Delta removed the case to federal court, asserting diversity jurisdiction on the grounds of being incorporated in Delaware and having its principal place of business in Georgia.
- Speed moved to remand, challenging Delta’s assertion that its principal place of business is Georgia and thus disputing complete diversity.
- Delta supported its diversity claim with a declaration from a Human Resources Manager, Lauren Owens, but did not supplement this evidence in response to Speed’s motion to remand.
- Both parties failed to comply with certain procedural local rules regarding pre-motion conferences and certifications.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Diversity Jurisdiction | Delta hasn't proven principal place in GA | Delta is a GA citizen via Owens’s declaration | Remand granted; Delta's evidence insufficient |
| Sufficiency of Owens’s Declaration | No evidence Owens is competent to testify | Declaration sufficient based on her HR role | Declaration inadequate under evidentiary standards |
| Compliance with Local Rules | (Not directly addressed) | (Not directly addressed) | Both sides failed to comply; not outcome determin. |
| Sanctions against Plaintiff | (N/A; plaintiff moved to remand) | Plaintiff's motion to remand was sanctionable | Denied as moot due to remand |
Key Cases Cited
- Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375 (1994) (burden shifts to removing party to establish jurisdiction where challenged)
- Gaus v. Miles, Inc., 980 F.2d 564 (9th Cir. 1992) (removal statutes strictly construed; doubts resolved in favor of remand)
- Hertz Corp. v. Friend, 559 U.S. 77 (2010) (corporate citizenship defined by state of incorporation and principal place of business 'nerve center')
- Norse v. City of Santa Cruz, 629 F.3d 966 (9th Cir. 2010) (declarations must be based on personal knowledge and competence)