Hawkins

Hawkins v. Dexcom,Inc.

Good Law
United States District Court, Southern District of CaliforniaAugust 14, 20233:22-cv-02036California1,362 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 Hawkins, Case No.: 22cv02036-JO-MMP

Plaintiff,

ORDER GRANTING PLAINTIFF’S

v. MOTION TO REMAND AND

DENYING DEFENDANT’S MOTION

Dexcom, Inc.,

TO DISMISS

Defendant. 16 17 18 On December 22, 2022, Plaintiff Timothy Hawkins filed a state law product liability action against Defendant Dexcom, Inc. in San Diego County superior court. Dkt. 14, Ex. A. That same day, Defendant filed a Notice of Removal of the action to this Court. Dkt. 1. On January 12, 2023, Defendant filed a motion to dismiss, and on January 23, 2023, Plaintiff filed a motion to remand the action to state court for lack of subject matter jurisdiction. Dkts. 8, 14. For the reasons stated below, the Court grants Plaintiff’s motion to remand and denies Defendant’s motion to dismiss as moot. I. BACKGROUND Plaintiff initiated a product liability suit in state court but Defendant removed the 28…

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