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