JSR Micro, Inc. v. QBE Insurance Corporation et al

Filing 305

ORDER GRANTING PLAINTIFF'S MOTION TO REMAND re 303 Proposed Order filed by JSR Micro, Inc., ***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 12/16/10. (nah, COURT STAFF) (Filed on 12/16/2010)

JSR Micro, Inc. v. QBE Insurance Corporation et al

Doc. 305

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SQUIRE, SANDERS & DEMPSEY L.L.P.
275 Battery Street, Suite 2600 San Francisco, California 94111

SQUIRE, SANDERS & DEMPSEY L.L.P. Mark C. Goodman (State Bar No. 154692) Email: [e-mail] Rodney R. Patula (State Bar No. 182052) Email: [e-mail] Joseph Grasser (State Bar No. 255156) Email: [e-mail] 275 Battery Street, , Suite 2600 San Francisco, CA 94111-3492 Telephone: [phone] Facsimile: +1.415.393.9887 Attorneys for Plaintiff and Counter-Defendant JSR MICRO, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA JSR MICRO, INC., a California corporation, Plaintiff, vs. QBE INSURANCE CORPORATION, JOHN ALDER & CO. LLC, and DOES 1-10, Defendants. QBE INSURANCE CORPORATION, a Pennsylvania Corporation, Counter-Claimant, vs. JSR MICRO, INC., a Delaware Corporation, Counter-Defendant. CASE NO. 4:09-CV-03044-PJH (LB)

[PROPOSED] ORDER GRANTING PLAINTIFF'S MOTION TO REMAND Date: Time: Place: December 15, 2010 9:00 a.m. 1301 Clay Street Third Floor, Courtroom 3 Oakland, CA 94612 The Honorable Phyllis J. Hamilton

Judge:

[PROPOSED] ORDER GRANTING PLAINTIFF'S MOTION TO REMAND CASE NO. 4:09-CV-03044 PJH (LB)
Dockets.Justia.com

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THIS MATTER came before the Court for hearing on December 15, 2010 on plaintiff's Motion for Leave to file a Supplemental and Amended Complaint and to Remand the Action to State Court (Doc. No. 291). At the hearing, the Court granted JSR's motion for leave to file its Supplemental and Amended Complaint, and JSR has now filed that pleading. The Supplemental and Amended Complaint adds Marsh & McLennan Companies, Inc. ("Marsh") as a defendant in the action. Both plaintiff JSR Micro, Inc. and Marsh are incorporated in Delaware. Because the Court's sole basis for subject matter jurisdiction over this action is diversity jurisdiction, and there is no longer complete diversity between plaintiff and all defendants, the Court no longer has subject matter jurisdiction over this action. Accordingly, this action is hereby remanded to the Superior Court for the City and County of San Francisco, and the Clerk is hereby directed to execute such remand. IT IS SO ORDERED.
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December 16 Dated: ___________________, 2010

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275 Battery Street, Suite 2600 San Francisco, California 94111

[PROPOSED] ORDER GRANTING PLAINTIFF'S MOTION TO REMAND CASE NO. 4:09-CV-03044 PJH (LB)

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