Hollins et al v. Cordis Corporation et al

Filing 24

ORDER TO SHOW CAUSE. Signed by Judge Alsup on 6/8/2017. Show Cause Response due by 6/12/2017. (whalc2, COURT STAFF) (Filed on 6/8/2017)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ROBIN HOLLINS and LOLA HOLLINS,

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For the Northern District of California

United States District Court

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No. C 16-06740 WHA

Plaintiffs,
v.
CORDIS CORPORATION and
CONFLUENT MEDICAL
TECHNOLOGIES, INC.,

ORDER TO SHOW CAUSE

Defendants.
/
Defendant Cordis Corporation removed this action, “along with other cases asserting the

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claims of more than 200 plaintiffs, under the ‘mass action’ provision of the Class Action

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Fairness Act.” Judge Edward Chen issued an order remanding many such cases. Cordis’s

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appeal from that order raised the same jurisdictional issues that are at issue in the above-

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captioned matter (Dkt. No. 15 at 2–3). Our court of appeals affirmed Judge Chen’s order on

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April 14 and denied Cordis’s petition for rehearing en banc on May 23 (Dkt. Nos. 19, 23).

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Meanwhile, at the parties’ request, the initial case management conference has been

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postponed, effectively staying the case pending Cordis’s appeal. Now that the appeal has run

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its course, the Court intends to remand this action next week for the same reasons set forth in

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Judge Chen’s order and affirmed by our court of appeals unless either side SHOWS CAUSE in

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writing by JUNE 12 AT 5:00 P.M. why such remand should not occur. That Cordis may pursue

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further appeal shall not suffice. This action has now been delayed for approximately three

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months on account of improper removal. While the Court will at least consider extending the

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current de facto stay for good cause shown, the mere (and remote) possibility that the Supreme

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Court might grant review is not good cause for further delay.

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IT IS SO ORDERED.

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Dated: June 8, 2017.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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