Coleman v. Twilight Haven, Inc. ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SHIRLEY COLEMAN, No. 1:21-cv-01713-DAD-EPG 12 Plaintiff, 13 v. ORDER GRANTING JOINT STIPULATION TO REMAND AND REMANDING ACTION 14 TWILIGHT HAVEN, INC., et al., TO FRESNO COUNTY SUPERIOR COURT 15 Defendant. 16 17 18 This matter was removed to this court from the Fresno County Superior Court on 19 December 3, 2021 by defendant Twilight Haven, Inc. on the basis of federal officer jurisdiction 20 and federal question jurisdiction pursuant to 28 U.S.C. § 1331 and the Public Readiness and 21 Emergency Preparedness Act, 42 U.S.C. §§ 247d-6d and 247d-6e (2006). (Doc. No. 1.) On 22 January 18, 2022, plaintiff filed a motion to remand this action to the Fresno County Superior 23 Court. (Doc. No. 14.) While that motion was pending before the court, the Ninth Circuit issued 24 its decisions in Saldana v. Glenhaven Healthcare LLC, 27 F.4th 679 (9th Cir. 2022) and Martin v. 25 Filart, No. 20-56067, 2022 WL 576012 (9th Cir. Feb. 25, 2022), in which the Ninth Circuit 26 affirmed the district courts’ orders remanding those cases to state court due to a lack of federal 27 subject matter jurisdiction and rejecting the defendants’ arguments that jurisdiction existed based 28 on “federal officer removal, complete preemption of state law, and the presence of an imbedded 1 | federal question.” Martin, 2022 WL 576012, at *1. On June 2, 2022, this court issued a minute 2 | order directing the parties to meet and confer regarding the status of the case in light of the Ninth 3 | Circuit’s recent decisions in Saldana and Martin. On June 16, 2022, the parties filed a joint 4 | stipulation to remand this action to the Fresno County Superior Court. (Doc. No. 25.) 5 Good cause appearing, the court therefore adopts the parties’ stipulation and directs that 6 | this matter be remanded to the Fresno County Superior Court. Accordingly, the Clerk of the 7 | Court is directed to close this case. 8 | IT IS SOORDERED. a " 9 ji je Ff; Dated: _ June 17, 2022 wea rE = 10 UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28