Moore v. McKesson Corporation et al

Filing 34

ORDER GRANTING MOTION TO REMAND. Signed by Judge Chhabria on 8/11/2017. (vclc3S, COURT STAFF) (Filed on 8/11/2017)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA TOMMY MOORE, Case No. 17-cv-03784-VC Plaintiff, ORDER GRANTING MOTION TO REMAND v. MCKESSON CORPORATION, et al., Re: Dkt. Nos. 15, 18, 28 Defendants. Under the standard "three-step approach," the remand motion is appropriate to resolve immediately, rather than staying for the JPML. See Conroy v. Fresh Del Monte Produce, Inc., 325 F. Supp. 2d 1049, 1053 (N.D. Cal. 2004). And the case clearly must be remanded. Even assuming this case satisfies the first two prongs of Grable – and there's reason to doubt that it does – the next two prongs are obvious barriers to federal question jurisdiction. Grable & Sons Metal Prod., Inc. v. Darue Eng'g & Mfg., 545 U.S. 308, 314 (2005). Congress's deference to state law and state courts on actions dealing with FDA-regulated products demonstrates that Congress had no affirmative intention of federalizing the entire category of cases into which this dispute falls. See, e.g., Johnson v. Bayer Corp., No. 4:16-cv-729 (CEJ), 2016 WL 3015187, at *3 (E.D. Mo. May 26, 2016); People v. Monster Beverage Corp., No. 13-cv-2500-PJH, 2013 WL 5273000, at *1 (N.D. Cal. Sept. 18, 2013); Oregon ex rel. Kroger v. Johnson & Johnson, 832 F. Supp. 2d 1250, 1257-58 (D. Or. 2011); cf. In re: Roundup Products Liability Litigation, No. 16-md-2741-VC, 2017 WL 3129098, at *1 (N.D. Cal. July 5, 2017). Moore's motion is granted, and this case is remanded to San Francisco Superior Court. IT IS SO ORDERED. Dated: August 11, 2017 ______________________________________ VINCE CHHABRIA United States District Judge 2

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