Fisher v Wyeth Pharmaceuticals, Inc., et al

Filing 75

ORDER OF REMAND. This action is remanded to Superior Court of California, County of San Diego, North County. Since the plaintiffs haven't pointed to any unusual circumstances that suggest this removal was objectively unreasonable, their request for fees is denied. All other pending motions are denied as moot. Signed by Judge Larry Alan Burns on 11/21/2017. (Certified copy mailed to state court)(lrf)

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA

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CARLYN FISHER, et al.,
Plaintiffs,

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CASE NO. 17cv2034-LAB (MDD)
ORDER OF REMAND

vs.
WYETH PHARMACEUTICALS, INC., et al.,

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Defendants.

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Judge Chesney remanded two cases removed by the same defendants in this action

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three months ago. Streed v. Eon Labs, Inc., 2017 WL 3616591 (N.D. Cal. Aug. 23, 2017).

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Defendants admit those are “nearly identical cases” to this one, but argue Streed was wrong.

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[Dkt. 58 at n.7.] The Court disagrees. This action is remanded for the same reasons

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explained in Streed. Since the plaintiffs haven’t pointed to any unusual circumstances that

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suggest this removal was objectively unreasonable, their request for fees is denied. Martin

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v. Franklin Capital Corp., 546 U.S. 132, 136 (2005). The pending motions are denied as

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moot, and the clerk is directed to close the case.

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IT IS SO ORDERED.
Dated: November 21, 2017
HONORABLE LARRY ALAN BURNS
United States District Judge

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