Resovsky et al v. Cordis Corporation

Filing 22

ORDER TO SHOW CAUSE re Jurisdiction. Show Cause Response due by July 21, 2016 at 12:00 p.m. PST. Signed by Judge Edward M. Chen on 7/18/2016. (emclc1S, COURT STAFF) (Filed on 7/18/2016)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 DAVID RESOVSKY, et al., 7 Plaintiffs, 8 ORDER TO SHOW CAUSE v. 9 10 CORDIS CORPORATION, et al., Defendants. 11 12 For the Northern District of California United States District Court Case No. 16-cv-03082-EMC Defendant Coris Corporation removed the instant case on June 6, 2016, asserting that the 13 14 Court has jurisdiction under the Class Action Fairness Act (CAFA) of 2005. See Docket No. 1 15 (Not. of Removal) at ¶ 18. Coris Corporation’s removal was based on a motion for consolidation 16 filed in Superior Court Case No. RG16814166 (the “Quinn” action), which sought to consolidate 17 eight actions for pre-trial purposes and the institution of a bellwether-trial process. Id. at ¶ 12. It 18 is unclear that this Court has jurisdiction, as based on the record it does not appear that the cases 19 were consolidated, see Docket No. 18 (Mayer Dec.), Exh. A, and it currently seems that only the 20 instant action is before this Court, with only seven plaintiffs named in the First Amended 21 Complaint. Docket No. 16-1.1 The parties are to file briefing explaining why the Court has 22 jurisdiction over this case by Thursday, July 21, 2016 at 12:00 p.m. PST. IT IS SO ORDERED. 23 24 Dated: July 18, 2016 ______________________________________ EDWARD M. CHEN United States District Judge 25 26 27 28 1 The original complaint filed in state court named four plaintiffs.

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