Gwynn

ORDER GRANTING MOTION TO REMAND [DOC. 16]

Pending before the Court is Plaintiffs’ motion to remand this case to the San Diego Superior Court. Defendants oppose. The matter is decided on the papers submitted. See’ Civ.L.R. 7.1dl. For the reasons that follow, the Court GRANTS the motion [Docf 16] and ORDERS the case remanded.

I. Relevant Background

Plaintiffs are the wife and children of Hall of Fame baseball player Tony Gwynn. (iCompl. ¶¶1, 11, 151-157. 1 ) Plaintiffs allege that Tony was hopelessly addicted to smokeless tobacco products and on June 16, 2014, died of cancer caused by his addiction and prolonged use of those products. (Id. ¶ 1-2.)

Defendants are tobacco companies, marketers, retailers, distributors* and others. (Compl. ¶¶ 164-177.) Plaintiffs contend Defendants are responsible for manufacturing, adulterating, and pushing “on the public the tobacco products that led to [Tony’s] death, all while falsely denying the products were dangerous or addictive, and engaging in a world-wide campaign to continually recruit new under-age users.” (Id. ¶ 4.)

Particularly important for this motion are the three individual defendants — Doug Derner, Rob Quinn and Don Feblowitz—…