Fischer et al v. Asbestos Companies et al

Filing 43

ORDER REGARDING STIPULATIONS OF DISMISSAL AND FOR REMAND. Signed by Judge Alsup on November 15, 2010. (whalc2, COURT STAFF) (Filed on 11/15/2010)

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Fischer et al v. Asbestos Companies et al Doc. 43 1 2 3 4 5 6 7 8 9 10 FRANCIS JOSEPH FISCHER and KAY FISCHER, Plaintiffs, v. ASBESTOS COMPANIES, et al., Defendants. / No. C 10-04446 WHA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER REGARDING STIPULATIONS OF DISMISSAL AND FOR REMAND This action was brought to federal court upon a notice of removal filed by defendant Carrier Corporation, based on an assertion of federal-officer removal jurisdiction. Defendants General Electric Company and John Crane Inc. filed separate joinders in support of removal on the same ground. Plaintiffs have now dismissed defendants Carrier Corporation and General Electric Company. Plaintiffs concurrently request remand of this action to state court. But defendant John Crane Inc. also joined in removal and is still a party. Plaintiffs request for remand is therefore DENIED. This order in no way weighs in on the merits of plaintiffs' motion to remand that was pending prior to assignment of this action to the undersigned and which plaintiffs are entitled to renotice pursuant to the reassignment order. IT IS SO ORDERED. Dated: November 15, 2010. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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