Silva v. Medic Ambulance Service, Inc.

Filing 33

[VACATED per 34 Minute Order] ORDER signed by District Judge Troy L. Nunley on 5/11/21 REMANDING CASE to Superior Court of California, County of Solano. (Kaminski, H) Modified on 5/12/2021 (Becknal, R).

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MEGHAN SILVA, et al.,

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No. 2:17-cv-00876-TLN-CKD

Plaintiffs,

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v.

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ORDER

MEDIC AMBULANCE SERVICE, INC.,

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Defendant.

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This matter is before the Court on remand from the Ninth Circuit regarding Plaintiff

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Meghan Silva’s (“Plaintiff”) Motion to Remand. (ECF No. 6.) This Court previously denied

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Plaintiff’s motion on the basis that Plaintiff’s state claims are preempted by federal law and the

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Court therefore had jurisdiction over the action. (See ECF No. 11.) The Ninth Circuit reversed

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the Court’s denial of Plaintiff’s motion and remanded the matter to this Court with instructions to

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remand the action to the Superior Court of California, County of Solano.1 Silva v. Medic

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Ambulance Service, Inc., No. 20-16153 (9th Cir. 2021), ECF No. 38-1.

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Judge Rawlinson, concurring in the judgment, stated the Ninth Circuit should dismiss the
appeal as moot and not address the merits of the remand decision in light of the California Court
of Appeal’s recent decision in Calleros v. Rural Metro of San Diego, Inc., 58 Cal. App. 5th 660,
667 (2020), that renders Plaintiff’s claim unviable.
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In accordance with the Ninth Circuit’s instructions, the Court hereby REMANDS this
action to the Superior Court of California, County of Solano.
IT IS SO ORDERED.
DATED: May 11, 2021

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Troy L. Nunley
United States District Judge

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