Silva v. Medic Ambulance Service, Inc.
Filing
36
ORDER signed by District Judge Troy L. Nunley on 6/28/2021 REMANDING CASE to Solano County Superior Court in accordance with the Ninth Circuit's instructions. Certified copy of remand order sent to other court. (Coll, A)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
MEGHAN SILVA, et al.,
12
No. 2:17-cv-00876-TLN-CKD
Plaintiffs,
13
ORDER
v.
14
MEDIC AMBULANCE SERVICE, INC.,
15
Defendant.
16
This matter is before the Court on remand from the Ninth Circuit regarding Plaintiff
17
18
Meghan Silva’s (“Plaintiff”) Motion to Remand. (ECF No. 6.) This Court previously denied
19
Plaintiff’s motion on the basis that Plaintiff’s state claims are preempted by federal law and the
20
Court therefore had jurisdiction over the action. (See ECF No. 11.) The Ninth Circuit reversed
21
the Court’s denial of Plaintiff’s motion and remanded the matter to this Court with instructions to
22
remand the action to the Superior Court of California, County of Solano. 1 Silva v. Medic
23
Ambulance Service, Inc., No. 20-16153 (9th Cir. 2021), ECF No. 38-1.
24
///
25
///
26
1
27
28
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.
1
1
2
3
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.
4
5
6
June 28, 2021
Troy L. Nunley
United States District Judge
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?