Markowitz

Markowitz v. Teva Pharmaceuticals USA, Inc.

Good Law
United States District Court, Southern District of CaliforniaNovember 27, 20193:19-cv-00655California325 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 CANDICE MARKOWITZ, Case No.: 19cv655-L-LL

Plaintiff, ORDER GRANTING DEFENDANTS' v. MOTION FOR LEAVE TO AMEND

NOTICE OF REMOVAL

TEVA PHARMACEUTICALS USA,

INC. ET AL.,

15 Defendants.

Defendants Teva Pharmaceuticals USA, Inc., CooperSurgical, Inc. and The Cooper Companies, Inc. removed this personal injury action from State court pursuant to 28 U.S.C. §§1332 and 1441. The action was remanded for failure to sufficiently allege diversity jurisdiction based on fraudulent joinder. (See doc. no. 6.) Pending before the Court is Defendants' motion for leave to amend notice of removal to allege additional facts in support of fraudulent joinder. (Doc. no. 7.) Plaintiff filed an opposition and Defendants replied. Pursuant to 28 U.S.C. §1653, Defendants' motion is granted. See Willingham v. Morgan, 395 U.S. 402, 407 n.3 (1969); Cohn v. Petsmart, 281 F.3d 837, 840 n.1 (9th Cir. 2002); Rockwell…

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