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Children's Hospital of Orange County v. Travelers Casualty and Surety Co. of America

February 17, 2009

CHILDREN'S HOSPITAL OF ORANGE COUNTY A CALIFORNIA NONPROFIT PUBLIC BENEFIT CORPORATION; AND CHILDREN'S HOSPITAL AT MISSION, A CALIFORNIA NONPROFIT PUBLIC BENEFIT CORPORATION, PLAINTIFFS,
v.
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, A CONNECTICUT CORPORATION; UNITED HEALTH CARE, INC., DBA UNITED HEALTH GROUP AKA UNITED HEALTH CARE INSURANCE COMPANY A DELAWARE CORPORATION AND DOES 1 THROUGH 100, INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: The Honorable James V. Selna Judge of the U.S. District Court

ORDER REMANDING ACTION TO ORANGE COUNTY SUPERIOR COURT

Based upon Plaintiffs, Children's Hospital of Orange County and Children's Hospital at Mission's Motion to Amend, the court orders that Temp Unlimited, Inc. be joined as a Defendant to the main action brought by Plaintiffs, Children's Hospital of Orange County and Children's Hospital at Mission. Further, the court finds that the joinder of Temp Unlimited, Inc. as a Defendant eliminates the court's diversity jurisdiction because both Plaintiffs, Children's Hospital of Orange County and Children's Hospital at Mission, and Defendant, Temp Unlimited Inc., are residents of the State of California, thereby precluding the court's continued retention of jurisdiction of this matter. Accordingly, the court hereby orders that this action be remanded to the state court for further proceedings.

20090217

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