Brown et al v. George S. May International Company

Filing 34

ORDER GRANTING MOTION TO REMAND; DENYING AS MOOT MOTION TO APPOINT CLASS COUNSEL; AND VACATING HEARING by Judge Alsup finding as moot 20 Motion to Appoint Counsel ; granting 24 Motion to Remand (whalc2, COURT STAFF) (Filed on 4/23/2009)

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: April 23, 2009. DON BROWN, RONALD HENRY, and JOHN HUDSPETH, on behalf of themselves, all others similarly situated, and the general public, Plaintiffs, v. GEORGE S. MAY INTERNATIONAL COMPANY, and DOES 1­10, inclusive, Defendants. / FOR THE NORTHERN DISTRICT OF CALIFORNIA IN THE UNITED STATES DISTRICT COURT

No. C 08-05446 WHA

ORDER GRANTING MOTION TO REMAND; DENYING AS MOOT MOTION TO APPOINT CLASS COUNSEL; AND VACATING HEARING

Plaintiffs have filed a motion to remand this case to state court and a separate motion requesting that, if the remand motion is denied, two law firms be appointed interim class counsel (Dkt. Nos. 20, 24). Defendant does not oppose the remand motion. Defendant indicates that, based on admissions of plaintiffs' counsel after the case was removed, this action does not satisfy the amount in controversy requirement (Dkt. No. 30). Plaintiffs' motion to remand is therefore GRANTED as unopposed. Plaintiffs motion to appoint interim class counsel is DENIED as moot. The hearing on the motions scheduled for April 30, 2009, is hereby VACATED. IT IS SO ORDERED.

WILLIAM ALSUP UNITED STATES DISTRICT JUDGE