Brees Company, Inc. v. Oura Health OY

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

BREES COMPANY, INC., Case No. 24-cv-08548-VC

Plaintiff,

ORDER GRANTING MOTION FOR

v. REMAND, DENYING MOTION AND

CROSS-MOTION FOR SANCTIONS,

OURA HEALTH OY, et al., DISMISSING MOTION TO DISMISS

AS MOOT

Defendants. Re: Dkt. Nos. 25, 39,

The motion to remand is granted, without attorneys’ fees. The plaintiff’s motion for sanctions and the defendants’ cross-motion for sanctions are denied. In light of the impending remand, the motion to dismiss is moot. The Clerk is directed to remand the case to San Francisco Superior Court. 1. The presence in this case of Oura Ring—a California company—as a defendant defeats diversity, so there is subject matter jurisdiction only if the Brees Company fraudulently joined Oura Ring. “There are two ways to establish fraudulent joinder: (1) actual fraud in the pleading of jurisdictional facts, or (2) inability of the plaintiff to establish a cause of action against the non-diverse party in state court.” Grancare, LLC v. Thrower by and Through Mills, 889 F.3d 543, 548 (9th Cir. 2018) (quoting Hunter v. Philip Morris USA, 582 F.3d 1039,…