Bruce Bell v. Air and Liquid Systems Corporation et al

Filing 64

MINUTE ORDER IN CHAMBERS re re: ORDER TO SHOW CAUSE 63 by Judge Stephen V. Wilson. On February 11, 2013, the Court issued an ORDER TO SHOW CAUSE ordering the remaining parties to state why the Court should not remand the action to state court, an d in particular, to notify the Court if they intend to raise the federal contractor defense 63 . As of the date of this Order, no party has responded. Accordingly, the action is REMANDED to Los Angeles Superior Court pursuant to 28 U.S.C. § 1447(c). The case is terminated. Remanding case to Los Angeles Superior Court, Central District, Case number BC488573 Case Terminated. Made JS-6 (Attachments: # 1 Transmittal CV 103) (lom) Modified on 3/1/2013 (lom). (mailed 3/1/13)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

2:12-cv-07341-SVW-PLA

Title

Bruce Bell v. Air and Liquid Systems Corporation et al

Present: The Honorable

Date

February 28, 2013

STEPHEN V. WILSON, U.S. DISTRICT JUDGE

Paul M. Cruz

N/A

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

N/A

N/A

Proceedings:

IN CHAMBERS ORDER re: ORDER TO SHOW CAUSE [63]

On July 20, 2012, Plaintiff Bruce Bell (“Plaintiff”) filed an asbestos-related personal injury
action in state court against fifteen defendants (collectively, “Defendants”), including General Electric
(“GE”). The Complaint seeks damages on the basis of various state law claims for negligence, strict
liability, false representation, intentional tort, and intentional failure to warn theories. (Dkt. 1 ¶ 6.) On
August 27, 2012, GE filed a Notice of Removal on the ground that it acted under the authority of
officers of the Navy within the meaning of 28 U.S.C. § 1442(a)(1). (Id. ¶ 4).
On January 23, 2013, the Court was advised that Plaintiff and Defendant General Electric
Company reached a settlement in this case. (Dkt. 61). As Defendant GE was the only defendant to
assert the federal contractor defense, 28 U.S.C. § 1442, there no longer appears to be a basis for federal
subject matter jurisdiction.
On February 11, 2013, the Court issued an ORDER TO SHOW CAUSE ordering the remaining
parties to state why the Court should not remand the action to state court, and in particular, to notify the
Court if they intend to raise the federal contractor defense. (Dkt. 63). As of the date of this Order, no
party has responded. Accordingly, the action is REMANDED to Los Angeles Superior Court pursuant
to 28 U.S.C. § 1447(c). The case is terminated.

:
Initials of Preparer
CV-90 (06/04)

CIVIL MINUTES - GENERAL

PMC
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