Madden

Madden v. Deloitte & Touche, LLP

Good Law
118 F. App'x 150
United States Court of Appeals for the Ninth CircuitNovember 23, 2004Nos. 02-56976, 02-56982, 03-55408, 03-56891; D.C. Nos. CV-99-01516-TJW, CV-99-01516-TJW, CV-99-01516-TJW, D.C. No. CV-99-01516-LABCalifornia1,040 words

Opinion

Lead Opinion

MEMORANDUM

Plaintiffs challenge the district courts’ denial of their motions to remand, grant of summary judgment in favor of Deloitte & Touche and Volpe, Brown, Wheelan & Company, and denial of their motions for reconsideration. We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

We review de novo the district courts’ grant of summary judgment and denial of the motions to remand for improper removal under the Securities Litigation Uniform Standards Act of 1998 (SLUSA). *153 Patenaude v. Equitable Life Assurance Soc’y of the United States, 290 F.3d 1020 , 1023 (9th Cir.2002); In re Worlds of Wonder Sec. Litig., 35 F.3d 1407, 1412 (9th Cir.1994). We review the district court’s denial of motions for reconsideration for an abuse of discretion. Smith v. Pac. Props. & Dev. Corp., 358 F.3d 1097 , 1100 (9th Cir.), cert. denied, — U.S. -, 125 S.Ct. 106 , 160 L.Ed.2d 116 (2004).

Plaintiffs argue that the district courts erred in denying remand and holding that SLUSA preempted their state law claims. They argue that the common stock issued pursuant to the merger agreement between FPA Medical Management, Inc. and St. Joseph Medical Corporation/Orange Coast Managed Care Services,…

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