Bhagwandin
Bhagwandin v. Xyphos Biosciences, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 VIKASH BHAGWANDIN, Case No. 22-cv-02818-JSC
Plaintiff,
ORDER REMANDING CASE TO
v. STATE COURT
XYPHOS BIOSCIENCES, INC., Re: Dkt. Nos. 21, 22 Defendant.
12 Defendant removed this action to federal court and moved to dismiss the complaint. Upon review of the complaint pursuant to Defendant’s motion to dismiss, (Dkt. No. 8), the Court determined that federal subject matter jurisdiction may not exist and ordered Defendant to show cause why this case should not be remanded to state court, (Dkt. No. 21). See Hertz Corp. v. Friend, 559 U.S. 77, 94 (2010) (“Courts have an independent obligation to determine whether subject-matter jurisdiction exists, even when no party challenges it.”). The Court held oral argument on its show cause order on July 28, 2022. Because Defendant fails to show that this Court has subject matter jurisdiction, (Dkt. No. 22), the Court REMANDS this case to state court. DISCUSSION…