Benham- Dwyer v. The Neiman Marcus Group LLC

Good Law
United States District Court, Northern District of CaliforniaFebruary 19, 20253:24-cv-08643California4,169 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

RAELYNN BENHAM-DWYER,

Case No. 24-cv-08643-JCS Plaintiff, 8 v. ORDER GRANTING MOTION TO REMAND

THE NEIMAN MARCUS GROUP LLC,

Re: Dkt. No. 12 Defendant.

12 I. INTRODUCTION On December 2, 2024, Defendant The Neiman Marcus Group LLC (“Neiman Marcus Group”) removed this case from the San Francisco Superior Court on the basis of diversity jurisdiction under 28 U.S.C. §§ 1332, 1441 and 1446. Presently before the Court is Plaintiff’s Motion for an Order Remanding Case to State Court Pursuant to 28 U.S.C. §1447(c) and Order to Set Aside the Stipulation (“Motion”). A hearing on the Motion was held on February 19, 2025. For the reasons stated below, the Motion is GRANTED.1 II. BACKGROUND A. Factual Background This is a personal injury case based on a May 19, 2023 accident that occurred in a Neiman Marcus store on Stockton Street, in San Francisco, California.…

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