Moffett v. Zimmer, Inc. et al

Filing 51

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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 8 9 10 United States District Court Northern District of California 11 JOHN MOFFETT, Plaintiff, Case No. 12-cv-03445-WHO ORDER REMANDING CASE TO STATE COURT v. ZIMMER, INC., et al., Defendants. 12 After nearly four years of litigation in federal court, the parties now agree that there is no 13 subject matter jurisdiction over this case. Accordingly, the case is REMANDED to the Superior 14 Court of California, County of San Francisco. See 28 U.S.C. § 1447(c) (“If at any time before 15 final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be 16 remanded.”); see also Albingia Versicherungs A.G. v. Schenker Int’l Inc., 344 F.3d 931, 938 (9th 17 Cir. 2003) (noting that 28 U.S.C. § 1447(c) “means that if there is no jurisdiction – federal 18 question, supplemental, diversity, or otherwise – the district court must remand the removed case 19 rather than dismissing it”). 20 Defendants’ motion for summary judgment, Dkt. No. 40, is DENIED AS MOOT. 21 IT IS SO ORDERED. 22 23 24 25 26 27 28 Dated: April 25, 2016 ______________________________________ WILLIAM H. ORRICK United States District Judge

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