Damiana v. Cordis Corporation

Filing 29

ORDER REMANDING CASE TO SUPERIOR COURT OF CALIFORNIA. Signed by Judge William H. Orrick on 07/10/2017. (jmdS, COURT STAFF) (Filed on 7/10/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 GARY DAMIANA, Plaintiff, 8 9 10 United States District Court Northern District of California 11 12 Case No. 16-cv-06742-WHO v. CORDIS CORPORATION, ORDER REMANDING CASE TO SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA Defendant. Plaintiff Gary Damiana has moved to remand this case for lack of subject-matter 13 jurisdiction for the same reasons set forth in Judge Edward Chen’s order remanding fourteen 14 similar cases. See Motion to Remand (Dkt. No. 24). Judge Chen’s order was recently affirmed by 15 the Ninth Circuit in Dunson v. Cordis Corp., 854 F.3d 551 (9th Cir. 2017). Cordis Corporation 16 acknowledges that the Ninth Circuit’s order in Dunson currently controls this issue and does not 17 dispute that remand is appropriate, though it notes that it is continuing to evaluate a further appeal 18 and reserves the right to remove this and similar cases in the future if appropriate. Response to 19 Motion to Remand at 3 (Dkt. No. 25). Accordingly, this action is REMANDED to the Superior 20 Court of California, County of Alameda. 21 22 IT IS SO ORDERED. Dated: July 10, 2017 23 24 25 26 27 28 William H. Orrick United States District Judge

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