UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
May 20, 2011
KIRANJEET BADYAL, AN INDIVIDUAL; DILAWAR BADYAL, AN INDIVIDUAL, PLAINTIFFS,
BOSCH PACKAGING TECHNOLOGY, INC.; SBM SCHOELLER-BLECKMAN MEDIZINTECHNIK; KUHLMAN TECHNOLOGIES, INC.; AND DOES 1 THROUGH 50, INCLUSIVE, DEFENDANTS.
The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge
Through this personal injury action, Kiranjeet and Dilawar Badyal ("Plaintiffs") seek redress in connection with the explosion of an autoclave sterilizer allegedly designed, manufactured, and sold by Robert Bosch Packaging Technology, Inc. ("RBPT"); SBM Schoeller-Bleckman Medizintechnik ("SBM"); and Kuhlman Technologies, Inc. ("Kuhlman"). Plaintiffs filed this action in Yolo County Superior Court. On February 7, 2011, RBPT removed to this Court on the basis of diversity jurisdiction.
After an initial review, the Court found jurisdiction lacking, and remanded the case back to Superior Court on February 25, 2011 (ECF No. 10). Specifically, the Court found that RBPT failed to properly allege that the parties were sufficiently diverse in their Notice of Removal (ECF No. 1), and therefore had not met its burden to establish proper subject matter jurisdiction.
Defendant RBPT filed a Motion for Relief from Remand (ECF No. 11), arguing that the parties should have had an opportunity to amend any jurisdictional defects before remand. Defendant RBPT is correct, as the parties should have had an opportunity to address any jurisdictional defects before the case was closed. In their Proposed Amended Notice of Removal (ECF No. 12), Defendant RBPT now states they are able to cure any jurisdictional defects and, through research, have determined that all parties are properly diverse in conformity with 28 U.S.C. § 1332.
Accordingly, the Court's Order dated February 25, 2011 (ECF No. 10) is VACATED and Defendant's Motion for Relief from Remand is GRANTED. Defendant RBPT is ordered to file its Amended Notice of Removal, proving proper jurisdiction, within ten (10) days of this Order being electronically filed.
Defendant's failure to file a properly Amended Notice of Removal will result in the case being remanded to Yolo County Superior Court without further notice to the parties.
IT IS SO ORDERED.
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