Hara v. Guardian Life Insurance Company of America et al

Filing 30

ORDER by Judge Charles R. Breyer granting 19 Motion to Remand. (crblc1, COURT STAFF) (Filed on 4/15/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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No. C 11-00593 CRB

DEREK HARA,

ORDER REMANDING CASE

Plaintiff,
v.
GUARDIAN LIFE INSURANCE
COMPANY OF AMERICA,
Defendant.

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The Court finds that Defendant has failed to show “that there is no possibility that the
plaintiff will be able to establish a cause of action in State court against the alleged sham
defendant.” Good v. Prudential Ins. Co., 5 F. Supp. 2d 804, 807 (N.D. Cal. 1998).
Accordingly, this Court lacks jurisdiction, and REMANDS the case to State court. No fees
and costs will be awarded.
IT IS SO ORDERED.

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Dated: April 15, 2011

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G:\CRBALL\2011\593\order re remand.wpd

CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE