Fisher

MEMORANDUM *

Wanda Fisher developed heart problems after taking fen-phen. She took fen-phen while she was living in Utah, and developed the problems in Nevada. Fisher filed this action in Nevada state court, naming as defendants several firms in the *151 drug’s chain of distribution, including the Italian manufacturer of the fenfluramine component, Alfa Chemicals Italiana (“Alfa”). After removal by defendant Professional Compounding Centers of America (“PCCA”), the district court denied Fisher’s motion to remand and concluded it lacked personal jurisdiction over Alfa. Only the issues of removal and specific jurisdiction are raised on appeal.

Fisher argues that removal was improper because PCCA’s Notice of Removal did not explain why the other named defendants had not joined it. But it was clear to Fisher and to the district court that none of the other defendants had been served, so there was no reason for PCCA to have provided such an explanation in this case. See Emrich v. Touche Ross & Co., 846 F.2d 1190 , 1193 n. 1 (9th Cir.1988) (the general rule that all defendants must join a removal petition “applies, however, only to defendants properly joined and served in the…