City of Warren Police & Fire Retirement System v. Revance Therapeutics, Inc.
Opinion
Lead Opinion
Gilliam, J.
ORDER GRANTING MOTION TO REMAND
Pending before the Court is Plaintiff City of Warren Police and Fire Retirement System’s motion to remand. For the reasons articulated below, the Motion' is GRANTED.
I. BACKGROUND
On May 1, 2015, Plaintiff City of Warren Police and Fire Retirement System filed this securities class action in the San Mateo County Superior Court. Dkt. No. 1-2. In its complaint, Plaintiff asserts only federal Securities Act claims against Defendant Revance Therapeutics, Inc., certain officers and directors thereof, and certain venture capitalists and underwriters associated with-.a public offering of Revance securities. Id. On June 5, 2015, Defendant removed this case to federal court pursuant to 28 U.S.C. § 1441 (a). Dkt. No. 1. In the present motion, Plaintiff argues that Defendant’s removal' of the case is expressly barred by the Securities Act of 1933.
II. DISCUSSION
A. Legal Standard
“Except as otherwise expressly provided by Act of Congress, any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed” , to federal court. 28 U.S.C. § 1441 (a). The Ninth Circuit has held that…