Joyce Wearstler v. DePuy Orthopaedics Inc et al
||Johnson and Johnson Services Inc, Johnson and Johnson, Does, DePuy Orthopaedics Inc and Thomas P Schmalzried M D
||May 9, 2013
||California Central District Court
||Andrew J. Wistrich
|Nature of Suit:
||Personal Inj. Prod. Liability
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|Date Filed||#||Document Text|
|May 10, 2013
MINUTES OF IN CHAMBERS - COURT ORDER by Judge Percy Anderson: Since Defendants have failed to meet their heavy burden of showing that Dr. Schmalzried was fraudulently joined, this action may not be removed because defendant is a citizen of the State in which the action is brought. Neither the "four corners" of the Complaint nor the Notice of Removal contain sufficient allegations concerning Section 1332's requirements. Therefore, Defendants have not met their burden to establish t his Court's jurisdiction.Accordingly, the Court remands this action to the Los Angeles County Superior Court, Case No. BC505564, for lack of federal subject matter jurisdiction. ( Case Terminated. Made JS-6 ) Court Reporter: Not Reported. (Attachments: # 1 CV-103 Remand Transmittal Letter) (gk)
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