Noorzai v. Genentech, Inc.

Filing 27

ORDER by Judge Thelton E. Henderson Granting 16 Motion to Remand; Vacating 7 Motion to Dismiss as moot. (tehlc1, COURT STAFF) (Filed on 12/3/2012)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 5 NADIA NOORZAI, 6 7 8 NO. C12-4914 TEH Plaintiff, ORDER REMANDING CASE TO SAN MATEO SUPERIOR COURT v. GENENTECH, INC., et al., 9 Defendants. 11 For the Northern District of California United States District Court 10 This matter is before the Court on Plaintiff’s motion to remand (Docket No. 16). 12 Pursuant to the parties’ November 28, 2012 stipulation, entered by this Court on November 13 30, 2012, Plaintiff has filed an Amended Complaint omitting paragraphs 19-23 from her 14 original complaint which concerned the denial of disability benefits covered by the 15 Employee Retirement Income Security Act. Plaintiff agrees not to pursue any claims for 16 wrongful denial of disability benefits in her state court action. Nov. 30 Order ¶ 1. Therefore, 17 in accordance with the stipulation of the parties, the Court now REMANDS this case to the 18 San Mateo Superior Court. Defendant’s motion to dismiss (Docket No. 7) is VACATED as 19 moot. 20 21 IT IS SO ORDERED. 22 23 Dated: 12/3/12 24 25 26 27 28 THELTON E. HENDERSON, JUDGE UNITED STATES DISTRICT COURT

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