Joyce Wearstler v. DePuy Orthopaedics Inc et al

Filing 5

MINUTES OF IN CHAMBERS - COURT ORDER by Judge Percy Anderson: Since Defendants have failed to meet their heavy burden of showing that Dr. Schmalzried was fraudulently joined, this action may not be removed because defendant is a citizen of the State in which the action is brought. Neither the "four corners" of the Complaint nor the Notice of Removal contain sufficient allegations concerning Section 1332's requirements. Therefore, Defendants have not met their burden to establish t his Court's jurisdiction.Accordingly, the Court remands this action to the Los Angeles County Superior Court, Case No. BC505564, for lack of federal subject matter jurisdiction. ( Case Terminated. Made JS-6 ) Court Reporter: Not Reported. (Attachments: # 1 CV-103 Remand Transmittal Letter) (gk)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION

TERRY NAFISI
District Court Executive and
Clerk of Court

SOUTHERN DIVISION

312 North Spring Street, Room G-8
Los Angeles, CA 90012
Tel: [phone]

411 West Fourth Street, Suite 1053
Santa Ana, CA 92701-4516
[phone]

EASTERN DIVISION
3470 Twelfth Street, Room 134
Riverside, CA 92501
[phone]

Date: May 10, 2013

Clerk, Los Angeles Superior Court
Central District
Stanley Mosk Courthouse
111 North Hill Street
Los Angeles, CA 90012

Re: Case Number: CV 13-03304 PA (AJWx)
Previously Superior Court Case No. BC505564
Case Name: Joyce Wearstler v. DePuy Orthopaedics, Inc., et al.

Dear Sir / Madam:
Pursuant to this Court’s ORDER OF REMAND issued on 5/10/2013
above-referenced case is hereby remanded to your jurisdiction.

, the

Attached is a certified copy of the ORDER OF REMAND and a copy of the docket sheet from this
Court.
Please acknowledge receipt of the above by signing the enclosed copy of this letter and returning it
to our office. Thank you for your cooperation.
Respectfully,
Clerk, U. S. District Court
By: G. Kami
Deputy Clerk
G Western
✘

213-894-0747

G Eastern

G Southern Division

cc: Counsel of record

Receipt is acknowledged of the documents described herein.
Clerk, Superior Court
By:
Date
CV - 103 (09/08)

Deputy Clerk
LETTER OF TRANSMITTAL - REMAND TO SUPERIOR COURT (CIVIL)