Flores v. Bayer Corporation et al

Filing 21

ORDER re 17 . The Court hereby GRANTS the plaintiff leave to file an amended complaint. The plaintiff shall electronically file the amended complaint with the Clerk of the Court no later than January 11, 2013. Immediately upon the filing of the amended complaint, this case shall be REMANDED to the Arizona Superior Court in Maricopa County, pursuant to 28 U.S.C. § 1447(e) and (c) for lack of subject matter jurisdiction. Signed by Chief Judge David R. Herndon on 1/4/2013. (dsw)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ILLINOIS
------------------------------------------------------------ X
IN RE YASMIN AND YAZ
(DROSPIRENONE) MARKETING,
SALES PRACTICES AND PRODUCTS
LIABILITY LITIGATION

:

3:09-md-02100-DRH-PMF

:

MDL No. 2100

:

------------------------------------------------------------ :
This Document Relates to:

Judge David R. Herndon

IRMA M FLORES, surviving mother of
STEPHANIE C. RASCON, on her own
behalf and for and on behalf of PEDRO
P FLORES, surviving father of
STEPHANIE C. RASCON and the
surviving statutory beneficiaries of
STEPHANIE C. RASCON,

No. 3:12-cv-20119-DRHPMF

Plaintiff,
v.
BAYER CORPORATION, et al.,
Defendants.
_______________________________________
This matter is before the Court on the plaintiff’s motion to remand to state
court for lack of diversity or, in the alternative, to amend the complaint to join
certain non-diverse defendants (specifically, seven Arizona physicians named in
the plaintiff’s Arizona State Court medical malpractice action) and remand for
lack of diversity (Doc. 17). The Bayer defendants have filed a notice of nonopposition stating that they do not oppose the plaintiff’s alternative motion for
leave to amend her complaint to join certain non-diverse parties as defendants

and, therefore, do not oppose remand of this action to state court (Doc. 19).
Upon consideration of the plaintiff’s motion and the Bayer defendants response
consenting thereto, the Court ORDERS as follows:
The Court hereby GRANTS the plaintiff leave to file an amended complaint.
The plaintiff shall electronically file the amended complaint with the Clerk of the
Court no later than January 11, 2013. Immediately upon the filing of the
amended complaint, this case shall be REMANDED to the Arizona Superior Court
in Maricopa County, pursuant to 28 U.S.C. § 1447(e) and (c) for lack of subject
matter jurisdiction.
SO ORDERED:

Digitally signed by
David R. Herndon
Date: 2013.01.03
16:29:14 -06'00'
Chief Judge
United States District Court

Date: January 3, 2013