Hall v. GranCare, LLC et al

Filing 44

ORDER DENYING AS MOOT MOTION TO REMAND; VACATING HEARING Hall's motion to remand is denied as moot, and the hearing scheduled for August 14, 2015 is vacated. Signed by Judge Maxine M. Chesney on July 28, 2015. (mmclc2, COURT STAFF) (Filed on 7/28/2015)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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PRICE J. HALL,

No. 15-2201 MMC

Plaintiff,

ORDER DENYING AS MOOT MOTION
TO REMAND; VACATING HEARING

v.
GRANCARE, LLC dba VALE HEALTHCARE
CENTER; MARINER HEALTH CARE
MANAGEMENT COMPANY; MARINER
HEALTH CARE, INC.; FAS, LLC; REMY
RHODES, and DOES 100,

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Defendants.

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Before the Court is plaintiff Price J. Hall’s (“Hall”) Motion to Remand. The motion

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was filed June 11, 2015. Thereafter, on July 20, 2015, the Court granted defendants

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GranCare, LLC d/b/a Vale Healthcare Center, Mariner Health Care Management Company,

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Mariner Health Care, Inc., and Remy Rhodes (collectively, “Removing Defendants”) leave

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to amend their notice of removal. On July 22, 2015, Removing Defendants filed their

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Amended Notice of Removal, in which Removing Defendants no longer rely on fraudulent

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joinder to demonstrate diversity jurisdiction and instead assert such jurisdiction exists

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based on Hall’s recent change of domicile. As Hall’s motion to remand is based exclusively

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on the argument that there is no fraudulent joinder, such motion is hereby DENIED as

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moot.

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In light of the above, the hearing scheduled for August 14, 2015, is hereby
VACATED.
IT IS SO ORDERED.

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Dated: July 28, 2015
MAXINE M. CHESNEY
United States District Judge