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The People of the v. Mallinckrodt

May 3, 2012

THE PEOPLE OF THE STATE OF CALIFORNIA, AND THROUGH RELATOR JOHN PRIEVE
v.
MALLINCKRODT, INC., ET AL.



The opinion of the court was delivered by: Honorable John F. Walter, United States District Judge

JS-6

CIVIL MINUTES -- GENERAL

Shannon Reilly

Courtroom Deputy

ATTORNEYS PRESENT FOR PLAINTIFFS:

None

None Present

Court Reporter

ATTORNEYS PRESENT FOR DEFENDANTS:

None

PROCEEDINGS (IN CHAMBERS): ORDER REMANDING ACTION TO LOS ANGELES COUNTY SUPERIOR COURT

On August 25, 2011, qui tam relator John Prieve ("Plaintiff), on behalf of the People of the State of California, filed a Complaint against Defendant Mallinckrodt, Covidien, Inc., Tyco International (US) Inc., and Tyco Healthcare Group L.P. in Los Angeles County Superior Court. On March 22, 2012, Mallinckrodt, Covidien, Inc., and Tyco Healthcare Group L.P. ("Removing Defendants") filed a Notice of Removal of Action Pursuant to 28 U.S.C. §§ 1332, 1441, 1446 ("Notice of Removal") alleging that this Court has jurisdiction over this action pursuant to 28 U.S.C.

Federal courts are courts of limited jurisdiction, having subject matter jurisdiction only over matters authorized by the Constitution and Congress. See Bender v. Williamsport Area School

, 475 U.S. 534, 541 (1986). "Because of the Congressional purpose to restrict the jurisdiction of the federal courts on removal, the statute is strictly construed, and federal jurisdiction must be rejected if there is any doubt ...


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