Debra Avrin v. Mentor Worldwide LLC

I. Background

This is an ation for product liability arising out of Plaintiffs’ claim that Defendant manufactured MemoryGel textured breast implants (“MemoryGel Implants”) that caused Ms. Avrin to develop breast implant-associated anaplastic large cell lymphoma. See generally Complaint (“Compl.”) (Dkt. 1-2). Plaintiffs originally filed suit in the Superior Court of California, County of Orange, on September 13, 2023. See Notice of Removal (“Notice”) (Dkt. 1). On October 26, 2023, Defendant removed the action to this Court, asserting diversity jurisdiction.

II. Legal Standard

“If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded.” 28 U.S.C. § 1447(c). Removal of a case

CIVIL MINUTES – GENERAL

Case No. 8:23-cv-02011-DOC-ADS Date: October 31, 2023 Page 2 from state court to federal court is governed by 28 U.S.C. § 1441, which provides in relevant part that “any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed . . . to the district court of the United States for the district and division embracing…