Rathbun
Rathbun v. Barretts Minerals, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOHN EDWIN RATHBUN, et al., Case No. 21-cv-03228-HSG
Plaintiffs, ORDER GRANTING MOTION TO
REMAND
v. Re: Dkt. No. 26 BARRETTS MINERALS, INC., et al., Defendants.
12 Pending before the Court is a motion to remand filed by Plaintiff John Edward Rathbun and Plaintiff Gwendolyn Rathbun and opposed by Defendant Chattem, Inc. (“Chattem”) and Defendant Lucky Stores Inc. (“Lucky”) (collectively, “Defendants”). Dkt. Nos. 26 (“Mot”), 46 (“Opp.”), 48 (“Reply”). Also pending is Lucky’s motion for summary judgment. Dkt. Nos. 23, 45, 49. The Court finds this matter appropriate for disposition without oral argument and the matter is deemed submitted. See Civil L.R. 7-1(b). For the reasons discussed below, the Court GRANTS the motion to remand. I. BACKGROUND Plaintiff John Edwin Rathbun, DDS (“Dr. Rathbun”) was diagnosed with terminal mesothelioma on July 8, 2020. Dkt. No. 26-2 Declaration of Sarah E. Gilson (“Gilson Decl.”) ¶ 2. On…