Bishop et al v. Cordis Corporation

Filing 25

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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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 AUDREY BISHOP, et al., 11 For the Northern District of California United States District Court 10 12 13 14 15 16 No. C 16-07272 WHA Plaintiffs, v. ORDER TO SHOW CAUSE CORDIS CORPORATION, Defendant. / Defendant Cordis Corporation removed this action, “along with other cases asserting the 17 claims of more than 200 plaintiffs, under the ‘mass action’ provision of the Class Action 18 Fairness Act.” Judge Edward Chen issued an order remanding many such cases. Cordis’s 19 appeal from that order raised the same jurisdictional issues that are at issue in the above- 20 captioned matter (Dkt. No. 12 at 1–2). Our court of appeals affirmed Judge Chen’s order on 21 April 14 and denied Cordis’s petition for rehearing en banc on May 23 (Dkt. Nos. 22, 24). 22 Meanwhile, at the parties’ request, the initial case management conference has been 23 postponed, effectively staying the case pending Cordis’s appeal. Now that the appeal has run 24 its course, the Court intends to remand this action next week for the same reasons set forth in 25 Judge Chen’s order and affirmed by our court of appeals unless either side SHOWS CAUSE in 26 writing by JUNE 12 AT 5:00 P.M. why such remand should not occur. That Cordis may pursue 27 further appeal shall not suffice. This action has now been delayed for approximately three 28 months on account of improper removal. While the Court will at least consider extending the 1 current de facto stay for good cause shown, the mere (and remote) possibility that the Supreme 2 Court might grant review is not good cause for further delay. 3 4 IT IS SO ORDERED. 5 6 Dated: June 8, 2017. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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