Silva v. Medic Ambulance Service, Inc. ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MEGHAN SILVA, et al., No. 2:17-cv-00876-TLN-CKD 12 Plaintiffs, 13 v. ORDER 14 MEDIC AMBULANCE SERVICE, INC., 15 Defendant. 16 17 This matter is before the Court on remand from the Ninth Circuit regarding Plaintiff 18 Meghan Silva’s (“Plaintiff”) Motion to Remand. (ECF No. 6.) This Court previously denied 19 Plaintiff’s motion on the basis that Plaintiff’s state claims are preempted by federal law and the 20 Court therefore had jurisdiction over the action. (See ECF No. 11.) The Ninth Circuit reversed 21 the Court’s denial of Plaintiff’s motion and remanded the matter to this Court with instructions to 22 remand the action to the Superior Court of California, County of Solano.1 Silva v. Medic 23 Ambulance Service, Inc., No. 20-16153 (9th Cir. 2021), ECF No. 38-1. 24 /// 25 /// 26 1 Judge Rawlinson, concurring in the judgment, stated the Ninth Circuit should dismiss the 27 appeal as moot and not address the merits of the remand decision in light of the California Court of Appeal’s recent decision in Calleros v. Rural Metro of San Diego, Inc., 58 Cal. App. 5th 660, 28 667 (2020), that renders Plaintiff’s claim unviable. ] In accordance with the Ninth Circuit’s instructions, the Court hereby REMANDS this 2 || action to the Superior Court of California, County of Solano. 3 IT IS SO ORDERED. ry /) ‘ “ \/ lhe 5 June 28, 2021 a PAS Troy L. Nunley } 6 United States District Judge 7 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28