Moffett v. Zimmer, Inc. et al
Filing
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ORDER REMANDING CASE TO STATE COURT. The case is REMANDED to the Superior Court of California, County of San Francisco. Signed by Judge William H. Orrick on 04/25/2016. (jmdS, COURT STAFF) (Filed on 4/25/2016)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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United States District Court
Northern District of California
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JOHN MOFFETT,
Plaintiff,
Case No. 12-cv-03445-WHO
ORDER REMANDING CASE TO
STATE COURT
v.
ZIMMER, INC., et al.,
Defendants.
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After nearly four years of litigation in federal court, the parties now agree that there is no
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subject matter jurisdiction over this case. Accordingly, the case is REMANDED to the Superior
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Court of California, County of San Francisco. See 28 U.S.C. § 1447(c) (“If at any time before
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final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be
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remanded.”); see also Albingia Versicherungs A.G. v. Schenker Int’l Inc., 344 F.3d 931, 938 (9th
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Cir. 2003) (noting that 28 U.S.C. § 1447(c) “means that if there is no jurisdiction – federal
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question, supplemental, diversity, or otherwise – the district court must remand the removed case
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rather than dismissing it”).
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Defendants’ motion for summary judgment, Dkt. No. 40, is DENIED AS MOOT.
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IT IS SO ORDERED.
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Dated: April 25, 2016
______________________________________
WILLIAM H. ORRICK
United States District Judge
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