Merry

Merry v. Highland Hospital

Good Law
United States District Court, Northern District of CaliforniaFebruary 14, 20253:24-cv-06312California410 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JAMES MERRY, Case No. 24-cv-06312-JD

Plaintiff,

ORDER GRANTING LEAVE TO

v. AMEND AND REMANDING CASE

HIGHLAND HOSPITAL, et al., Defendants.

12 This is a negligence and products liability action filed by plaintiff James Merry. Merry is a nurse anesthetist who alleges he was injured when a large monitor on an anesthesia machine fell and struck his head. Defendant General Electric Company (GE) removed the action, invoking the Court’s diversity jurisdiction. Dkt. No. 1. GE contended that there is a complete diversity of citizenship between Merry and GE, and the citizenship of the other two defendants, General Electric & Machinery, Inc. and Highland Hospital, should be ignored because they are “sham” defendants. Id. Plaintiff Merry has requested leave to file a second amended complaint, Dkt. No. 39, which no defendant has opposed. Among other changes, Merry seeks to remove General Electric & Machinery, Inc. as a…

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