Jeffrey Taylor et al v. AstraZeneca Pharmaceuticals LP et al

Filing 27

MINUTE ORDER IN CHAMBERS - ORDER REMANDING ACTION TO LOS ANGELES COUNTY SUPERIOR COURT IN CHAMBERS by Judge Dolly M. Gee. This Court is bound to apply the governing Ninth Circuit authority in Tanoh. Because of the absence of subject matter juris diction, this action is REMANDED to Los Angeles County Superior Court, for the reasons given in Case Nos. CV 14-4012 JFW (JPRx) and CV 14-4115 BRO (AGRx). Each side shall bear their own attorneys' fees and costs. Plaintiffs' motion to remand 19 is DENIED as moot. Case Terminated. Made JS-6 (Attachments: # 1 CV 103) (lom) Modified on 7/30/2014 (lom). (mailed 7/30/14)

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

Date

CV14-04116 DMG (AGRx)

Title Jeffrey Taylor, et al. v. AstraZeneca Pharmaceuticals LP, et al.
Present: The Honorable

JS-6 / REMAND

July 29, 2014
Page

1 of 1

DOLLY M. GEE, UNITED STATES DISTRICT JUDGE

KANE TIEN
Deputy Clerk

NOT REPORTED
Court Reporter

Attorneys Present for Plaintiff(s)
None Present

Attorneys Present for Defendant(s)
None Present

Proceedings: IN CHAMBERS—ORDER REMANDING ACTION TO LOS ANGELES
COUNTY SUPERIOR COURT
On May 29, 2014, Defendants filed a notice of removal, asserting federal jurisdiction
under the Class Action Fairness Act of 2005. On June 23, 2014, the Court ordered Defendants to
show cause why the action should not be remanded to Los Angeles County Superior Court.
[Doc. # 22.] Defendants timely filed their response on June 30, 2014. [Doc. # 23.] On July 16,
2014, Defendants notified the Court that they no longer oppose remand of the case to state court.
[Doc. # 26.] Defendants concede that this Court lacks jurisdiction under existing Ninth Circuit
precedent in Tanoh v. Dow Chem. Co., 561 F.3d 945 (9th Cir. 2009). (Response at 1 [Doc. #
23].)
This Court is bound to apply the governing Ninth Circuit authority in Tanoh. Because of
the absence of subject matter jurisdiction, this action is REMANDED to Los Angeles County
Superior Court, for the reasons given in Case Nos. CV 14-4012 JFW (JPRx) and CV 14-4115
BRO (AGRx). Each side shall bear their own attorneys’ fees and costs. Plaintiffs’ motion to
remand [Doc. # 19] is DENIED as moot.
IT IS SO ORDERED.

CV-90

CIVIL MINUTES—GENERAL

Initials of Deputy Clerk KT