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