Esteban v. Kaiser Foundation Hospitals et al

Filing 29

ORDER Remanding Plaintiff's Defamation and Libel Claims to San Francisco County Court. 20 MOTION to Remand. Signed by Judge Claudia Wilken on 10/7/2010. (ndr, COURT STAFF) (Filed on 10/7/2010)

Esteban v. Kaiser Foundation Hospitals et al

Doc. 29

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. JANET ESTEBAN,

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA No. 10-03129 CW ORDER REMANDING PLAINTIFF'S DEFAMATION AND LIBEL CLAIMS TO SAN FRANCISCO COUNTY SUPERIOR COURT

Plaintiff,

KAISER FOUNDATION HOSPITALS; THE PERMANENTE MEDICAL GROUP, INC.; KATHRYN ZENDER; YVETTE CARMEGNANI; and DOES 1-50, inclusive, Defendants. /

At a hearing on September 16, 2010, the Court granted in part and denied in part Plaintiff Janet Esteban's Motion to Remand (Docket No. 20) and granted in part and denied in part Defendants Kaiser Foundation Hospitals and The Permanente Medical Group, Inc.'s Motion for Judgment on the Pleadings (Docket No. 16). The

Court granted judgment against Plaintiff on her negligence claim, which was held to be preempted by § 301 of the Labor Management Relations Act. However, the Court concluded that § 301 did not

preempt Plaintiff's defamation and libel claims and ordered that they be remanded to state court. In accordance with the Court's ruling, the Clerk shall remand Plaintiff's defamation and libel claims to San Francisco County Superior Court. IT IS SO ORDERED. Dated: 10/7/2010 CLAUDIA WILKEN United States District Judge

Dockets.Justia.com