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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GARY DAMIANA,
Plaintiff,

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United States District Court
Northern District of California

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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

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jurisdiction for the same reasons set forth in Judge Edward Chen’s order remanding fourteen

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similar cases. See Motion to Remand (Dkt. No. 24). Judge Chen’s order was recently affirmed by

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the Ninth Circuit in Dunson v. Cordis Corp., 854 F.3d 551 (9th Cir. 2017). Cordis Corporation

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acknowledges that the Ninth Circuit’s order in Dunson currently controls this issue and does not

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dispute that remand is appropriate, though it notes that it is continuing to evaluate a further appeal

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and reserves the right to remove this and similar cases in the future if appropriate. Response to

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Motion to Remand at 3 (Dkt. No. 25). Accordingly, this action is REMANDED to the Superior

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Court of California, County of Alameda.

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IT IS SO ORDERED.
Dated: July 10, 2017

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William H. Orrick
United States District Judge