Simon et al v. Stang et al

Filing 30

ORDER BY JUDGE JEREMY FOGEL GRANTING 11 PLAINTIFFS' MOTION TO REMAND. (jflc1, COURT STAFF) (Filed on 6/17/2010)

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1 2 3 4 5 6 7 8 **E-Filed 6/17/10** IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 STEVEN SIMON, MICHAEL KALLOCK AND ALEXEY TERSKIKH, on Behalf of Himself and All Others Similarly Situated, Plaintiffs, v. ERIC STANG, LEN DEBENEDICTIS, HANK GAUTHIER, and RELIANT TECHNOLOGIES, INC., Defendants. Case Number C 10-00262 JF (HRL) ORDER1 GRANTING PLAINTIFFS' MOTION TO REMAND [re doc. no. 11] Plaintiffs Steven Simon, Michael Kallok, and Alexey Terskikh (collectively, "Plaintiffs") filed this putative class action in the Santa Clara Superior Court on December 12, 2009. Pursuant to the Securities Litigation Uniform Standards Act of 1998 ("SLUSA"), 15 U.S.C. 77p, 78bb, Defendants Eric Stang, Len Debenedictis, Hank Gautheir, and Reliant Technologies, Inc. (collectively, "Defendants") removed the action to this Court. Plaintiffs This disposition is not designated for publication in the official reports. C a s e Number C 10-262 JF (HRL) O R D E R GRANTING PLAINTIFFS' MOTION TO REMAND (J FE X 1 ) 1 2 3 4 5 6 7 8 9 10 11 moved to remand, and Defendants moved to dismiss. On April 12, the Court concluded that some of Plaintiffs' claims were precluded by SLUSA and granted in part Defendants' motion to dismiss the complaint. Plaintiffs were granted leave to amend to avoid inadvertently pled federal claims. The Court deferred determination of Plaintiffs' motion for remand pending Plaintiffs' amendment. On May 5, 2010, Plaintiffs requested consideration of their motion for remand and provided a copy of the first amended complaint. On May 28, 2010, Defendants submitted a statement of non-opposition to Plaintiffs' renewed request to remand. Good cause therefor appearing, the motion to remand will be granted. The Clerk shall transmit the file to the Santa Clara Superior Court. IT IS SO ORDERED 12 13 DATED: 6/7/2010 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 C a s e Number C 10-262 JF (HRL) O R D E R GRANTING PLAINTIFFS' MOTION TO REMAND (J FE X 1 ) JEREMY FOGEL United States District Judge

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