Moffett v. Zimmer, Inc. et al

Filing 48

ORDER REGARDING UPCOMING HEARING re 40 MOTION for Summary Judgment. Motion hearing VACATED. Telephonic hearing set for 4/20/2016 01:30 PM before Hon. William H. Orrick. The purpose of the conference is not to discuss defendants' motion for summary judgment, but to discuss whether jurisdiction exists given that plaintiff and defendant Wilson/Phillips Holdings, Inc. are both citizens of Texas. Signed by Judge William H. Orrick on 04/18/2016. (jmdS, COURT STAFF) (Filed on 4/18/2016)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JOHN MOFFETT, Case No. 12-cv-03445-WHO Plaintiff, 8 ORDER REGARDING UPCOMING HEARING v. 9 10 ZIMMER, INC., et al., Defendants. United States District Court Northern District of California 11 12 The hearing set for April 20, 2016 is VACATED and replaced with a telephonic 13 conference on the same date at 1:30 p.m. Courtroom Deputy Jean Davis will contact the parties to 14 make arrangements for the conference. The purpose of the conference is not to discuss 15 defendants’ motion for summary judgment, but to discuss whether jurisdiction exists given that 16 plaintiff and defendant Wilson/Phillips Holdings, Inc. are both citizens of Texas. See Notice of 17 Removal ¶¶ 15, 20 (Dkt. No. 1); 28 U.S.C. § 1332(a)(1) (“The district courts shall have original 18 jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of 19 $75,000, exclusive of interest and costs, and is between . . . citizens of different States.”). 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: April 18, 2016 ______________________________________ WILLIAM H. ORRICK United States District Judge

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