MEMORANDUM & ORDER Plaintiff Philip Silva (“Plaintiff”), as Executor of the Estate of Algeria Silva (“Decedent”), seeks an order remanding this action to the Supreme Court of the State of New York, Suffolk County. (See Remand Motion, ECF No. 14; see also Support Memo, ECF No. 14-1; Reply, ECF No. 20.) Defendant Sunrise Senior Living Management, Inc. (“Defendant”)1 opposes the motion. (Opp’n, ECF No. 14-13.) For the reasons that follow, Plaintiff’s Remand Motion is GRANTED. BACKGROUND AND PROCEDURAL HISTORY The Court presumes the parties’ familiarity with the facts and procedural history of this case. By way of brief background and for the reader’s convenience, the Court provides the following summary. On November 2, 2022, Defendant invoked the Court’s diversity jurisdiction under 28 U.S.C. §1332 (“Section 1332″) and removed this action to this Court from the New York State Supreme Court, Suffolk County, pursuant to 28 U.S.C. §1441. (See Notice of Removal,
2-3.) The Complaint alleges Decedent was a resident of the Sunrise of Dix Hills facility (hereafter, the “Facility”) from January 1, 2020 through March 30, 2020, when she died. (Compl., ECF No. 1-3, 68.) Plaintiff asserts during Decedent’s admission at the Facility, Decedent “was infected with SARS-CoV-2 and COVID-19, and developed respiratory distress and hypoxia,” which caused her death. (Id.) Moreover, “[p]rior to the arrival of coronavirus, [the Facility] had a longstanding history of failing to provide proper infection prevention and control procedures, and despite being armed with knowledge of prior public health infection events, failed to take steps to prepare to prevent the spread of future infections.” (Id. 69.) Plaintiff allegations Defendant violation New York Public Health Law Article 28 (“Article 28″) arising out of Defendant’s alleged failure to properly operate the Facility despite having been advised that the coronavirus infection could rapidly spread and the Facility’s failure to provide adequate care. (Id., First Cause of Action,
