Hixson v. Allis-Chalmers Corporation Product Liability Trust et al

Filing 42

ORDER DENYING DEFENDANT FOSTER WHEELER LLC'S APPLICATION FOR STAY; GRANTING PLAINTIFF'S MOTION TO REMAND; VACATING HEARING. Signed by Judge Maxine M. Chesney on July 2, 2009. (mmclc2, COURT STAFF) (Filed on 7/2/2009)

1 2 3 4 5 6 7 8 9 10 For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. ALLIS-CHALMERS CORPORATION PRODUCT LIABILITY TRUST, et al., Defendants. / United States District Court THOMAS HIXSON, Plaintiff, No. C-09-2187 MMC ORDER DENYING DEFENDANT FOSTER WHEELER LLC'S APPLICATION FOR STAY; GRANTING PLAINTIFF'S MOTION TO REMAND; VACATING HEARING IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Before the Court are plaintiff's motion to remand, filed June 2, 2009, and defendant Foster Wheeler LLC's ("Foster Wheeler") application for an order staying all proceedings pending a decision by the Judicial Panel on Multidistrict Litigation as to whether to transfer the above-titled action, filed June 25, 2009. Having read and considered the papers filed in support of and in opposition to said motion and application, the Court deems the matters appropriate for decision thereon, hereby VACATES the hearing scheduled for July 10, 2009, hereby DENIES Foster Wheeler's application for an order staying all proceedings, and, in light of plaintiff's waiver and disclaimer (see Compl. at 3:13-15; see also Mot. at 3:19-5:12; Reply at 4:6-6:5), hereby GRANTS plaintiff's motion. Accordingly, the above-titled action is hereby REMANDED to the Superior Court of the State of California in and for the County of San Francisco. IT IS SO ORDERED. Dated: July 2, 2009 MAXINE M. CHESNEY United States District Judge