Ali v. Stericycle, Inc. et al

Filing 27

ORDER by Judge Hamilton Granting 9 Motion to Remand and Denying 7 Motion to Dismiss (pjhlc2, COURT STAFF) (Filed on 12/22/2011)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

NORTHERN DISTRICT OF CALIFORNIA

9

11
For the Northern District of California the Northern District of California
For

United States District Court
United States District Court

10
HASSAN ALI,

12
13

Plaintiff(s),
v.

14

No. C 11-4094 PJH
ORDER GRANTING MOTION TO
REMAND AND DENYING MOTION
TO DISMISS

STERICYCLE, INC., et al.,
15
16

Defendant(s).
_______________________________/

17
Before the court are plaintiff’s motion to remand and defendants Davis and Del Rio’s
18
motion to dismiss, both premised on the same issue – whether the two individual
19
defendants are “sham” defendants which would destroy diversity jurisdiction. The court has
20
reviewed the briefs and supporting papers of the parties and determined that oral argument
21
would not be helpful. Based upon this review, the court finds that plaintiff has stated a
22
viable claim of intentional infliction of emotional distress against the two individual
23
defendants. While defendants’ merits based argument might well suggest that plaintiff may
24
have difficulty proving their conduct was extreme and outrageous, the court finds that for
25
pleading purposes, the factual allegations are sufficient. Moreover, even if the court was
26
persuaded that the factual allegations were deficient, any dismissal would be with leave to
27
amend, as there is no basis for finding that amendment would be futile. Thus, both
28
defendants would remain in the case and the court would be divested of diversity

1

jurisdiction. Accordingly, the motion to remand is GRANTED and the motion to dismiss is

2

DENIED.

3
4
5
6

This matter is hereby remanded to the Alameda County Superior Court. The
January 11, 2012 hearing date is VACATED.
IT IS SO ORDERED.
Dated: December 22, 2011
______________________________
PHYLLIS J. HAMILTON
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