Satmarean v. Philips Consumer Luminaries, NA et al

Filing 41

ORDER REMANDING CASE to Superior Court of California, County of Contra Costa. Signed by Judge Yvonne Gonzalez Rogers on 12/4/13. (fs, COURT STAFF) (Filed on 12/4/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GABRIELA SATMAREAN,

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Plaintiff,

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Northern District of California

United States District Court

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Case No.: 13-CV-02778-YGR
REMAND ORDER

vs.
PHILIPS CONSUMER LUMINARIES, NA,
et al.,
Defendants.
On November 22, 2013, the Court issued an Order Denying Defendant Scott Rosenberg’s

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Motion to Dismiss the Complaint for Lack of Personal Jurisdiction and/or for Insufficient Service of

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Process. (Dkt. No. 39.) In that order, the Court required Mr. Rosenberg to file a notice regarding

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whether he joins in Defendant Philips Consumer Luminaries, NA’s removal of this action to federal

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court. See Destfino v. Reiswig, 630 F.3d 952, 956–57 (9th Cir. 2011) (while all properly-served

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defendants must join in a petition for removal, “[i]f this is not true when the notice of removal is filed,

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the district court may allow the removing defendants to cure the defect by obtaining joinder of all

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defendants prior to the entry of judgment”).

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In response to the Court’s order, Defendant Rosenberg has filed a Notice of Non-Joinder in

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Removal to Federal Court, stating that he “does not join in the removal of this action to federal court.”

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(Dkt. No. 40 (emphasis in original).) Because all Defendants in this action do not join in the notice of

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removal, this action is hereby REMANDED to the Superior Court of California, County of Contra

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Costa. The Clerk of this Court is further ordered to forward certified copies of this Order and all

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docket entries to the Clerk of the Contra Cost County Superior Court.

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IT IS SO ORDERED.

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Date: December 4, 2013
____________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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Northern District of California

United States District Court

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