Humana Inc. v. Handa Pharmaceuticals, LLC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 HUMANA INC., Case No. 23-cv-01550-DMR Plaintiff, Case No. 23-cv-1553-DMR

v.

ORDER ON MOTIONS TO REMAND

HANDA PHARMACEUTICALS, LLC, Re: Dkt. No. 15 Defendant.

Plaintiffs Humana Inc. (“Humana”) and Aetna Inc. (“Aetna”) filed motions to remand that turn primarily on whether the forum-defendant rule, 28 U.S.C. § 1441(b)(2), prohibits a forum defendant from removing a case before it has been served. This matter is suitable for resolution without a hearing. Civ. L.R. 7-1(b). For the reasons below, the motions to remand are denied. I. BACKGROUND The procedural history bears more on these motions than the substance of Plaintiffs’ complaints. The court limits the description of the cases accordingly. Plaintiffs Humana and Aetna filed their original complaints in separate lawsuits in San Francisco Superior Court against Defendant Handa Pharmaceuticals, LLC (“Handa”), on March 28 and March 30, 2023, respectively. …