United States District Court for the Northern District of California, 2021

Beasley v. Tootsie Roll Industries Inc

Beasley v. Tootsie Roll Industries Inc
United States District Court for the Northern District of California · Decided April 16, 2021
Beasley v. Tootsie Roll Industries Inc

Trial Court Opinion

3 UNITED STATES DISTRICT COURT

4 NORTHERN DISTRICT OF CALIFORNIA

6 MAXINE BEASLEY, CASE No. 21-cv-01297-YGR 7 Plaintiff,

ORDER GRANTING IN PART AND DENYING 8 VS. IN PART MOTION TO REMAND AND DENYING MOTION TO DISMISS AS MOOT 9 TOOTSIE ROLL INDUSTRIES,

Re: Dkt. Nos. 9, 17

10 Defendant.

11 On January 25, 2021, plaintiff filed this action in Alameda County Superior Court. 12 || Defendant removed the case to federal court on February 23, 2021. (Dkt. Nos. 1-4.) On March 2, || 2021, defendant filed a motion to dismiss the complaint under Federal Rule 12(b)(6). (Dkt. No. |} 9.) On March 9, 2021, plaintiff filed a motion to remand based on the lack of subject matter 15 || jurisdiction. (Dkt. No. 17.) Having carefully considered the briefing and arguments submitted on A 16 the motion, and for the reasons stated on the record at the April 13, 2021 hearing, the Court || GRANTs plaintiff's motion to remand the case to state court, DENIES the request for attorney’s || fees incurred by the motion to remand, and DENIES AS MOOT defendant’s motion to dismiss. In || light of McGee v. S-L Snacks Nat’l, 982 F.3d 700 (9th Cir. 2020), plaintiff fails to allege an injury || in fact sufficient for Article III standing. Accordingly, the Court is without subject matter || jurisdiction. See Polo v. Innoventions Int'l, LLC, 833 F.3d 1193, 1194 (9th Cir. 2016) (“We hold || that upon determining that it lacked jurisdiction, the district court should have remanded the case || to state court pursuant to 28 U.S.C. [Section] 1447(c).”).

24 The Clerk of the Court is directed to REMAND the case to the Alameda County Superior || Court and close the file.

26 IT Is SO ORDERED.

27 || Dated: April 16, 2021

28 VONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE

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