Noorzai v. Genentech, Inc.

Filing 23

ORDER re 16 7 Limiting December 3 hearing (tehlc1, COURT STAFF) (Filed on 11/27/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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NADIA NOORZAI,

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For the Northern District of California

United States District Court

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Plaintiff,

NO. C12-4914TEH
ORDER LIMITING DECEMBER
3 HEARING

v.
GENENTECH, INC., et al.,
Defendants.

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This matter comes before the Court on Plaintiff’s motion to remand and Defendant’s

14 motion to dismiss (Docket Nos. 16 and 7, respectively). After carefully reviewing the
15 parties’ papers, the Court is inclined to deny Plaintiff’s motion to remand but grant her
16 request to amend the complaint to remove the claim for ERISA-governed disability benefits.
17 See Reply at 3-4. The Court is further inclined to remand this case once Plaintiff files an
18 amended complaint that contains no federal claims or claims completely preempted by
19 federal law. Accordingly, the December 3, 2012 hearing shall focus only on Plaintiff’s
20 motion to remand and the hearing on Defendant’s motion to dismiss is hereby VACATED.
21 If the Court denies the motion to remand without leave to amend, the Court will reschedule
22 the hearing on the motion to dismiss or decide the matter on the papers; otherwise, the
23 motion to dismiss will be terminated as moot.
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The parties need not appear on December 3 if they file a stipulation and proposed

25 order on or before November 30, 2012, that Plaintiff may file an amended complaint and
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1 that the parties agree the case should be remanded once the amended complaint has been
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4 IT IS SO ORDERED.
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6 Dated: 11/27/12
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THELTON E. HENDERSON, JUDGE
UNITED STATES DISTRICT COURT

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For the Northern District of California

United States District Court

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