Acosta et al v. Monsanto Company

Filing 15

PRETRIAL ORDER NO. 162: DENYING MOTION TO REMAND IN ACOSTA V. MONSANTO CO. Signed by Judge Vince Chhabria on 7/17/2019. (knm, COURT STAFF) (Filed on 7/17/2019)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

IN RE: ROUNDUP PRODUCTS
LIABILITY LITIGATION

MDL No. 2741
Case No. 16-md-02741-VC

This document relates to:
Acosta v. Monsanto Co., 18-cv-1960

PRETRIAL ORDER NO. 162:
DENYING MOTION TO REMAND IN
ACOSTA V. MONSANTO CO.
Dkt. No. 2674

Construing Acosta’s notice of supplemental authority as a motion to remand, the motion is
denied on timeliness grounds. Acosta filed the motion almost a year after her case was removed,
and a violation of the forum-defendant rule is not a jurisdictional defect. See Lively v. Wild Oats
Markets, Inc., 456 F.3d 933, 942 (9th Cir. 2006); 28 U.S.C. § 1447(c) (setting a 30-day time limit
for motions to remand).
IT IS SO ORDERED.
Date: July 17, 2019

___________________________
Honorable Vince Chhabria
United States District Court