Jasper

Jasper v. Maxim Integrated Products, Inc.

Good Law

108 F. Supp. 3d 757·2015 WL 3491134·2015 U.S. Dist. LEXIS 71334

United States District Court, Northern District of CaliforniaJune 2, 2015Case No. 15-CV-00481-LHKCalifornia4,998 words

Opinion

Lead Opinion

Koh, J.

ORDER SUA SPONTE REMANDING CASE AND DENYING AS MOOT MOTION TO DISMISS

Plaintiff Carl Jasper (“Plaintiff’) brings an action for, inter alia, breach of contract against defendant Maxim Integrated Products, Inc. (“Maxim”), his former employer. ECF No. 1 Ex. A (“Compl.”). Before the Court is Maxim’s motion to dismiss. ECF No. 7 (“Mot.”). Plaintiff has opposed the motion, ECF No. 17 (“Opp.”), and Maxim has replied, ECF No. 19 (“Reply”).

The Court finds this matter suitable for decision without oral argument under Civil Local Rule 7 — 1(b) and hereby VACATES the motion hearing and initial case management conference set for June 4, 2015, at 1:30 p.m. Having considered the submissions of the parties, the relevant law, and the record in this case, the Court hereby ORDERS that this case be remanded to Santa Clara County Superior Court for lack of subject matter jurisdiction. Accordingly, the Court DENIES as moot Maxim’s motion to dismiss.

I. BACKGROUND

A. Factual Background

1. The Parties

Maxim, a Delaware corporation with its principal place of business in San Jose, California, is a publicly traded semiconductor company listed on the NASDAQ stock exchange. Compl. ¶ 2. Plaintiff is…

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