1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JAMES MERRY, Case No. 24-cv-06312-JD

8 Plaintiff, ORDER GRANTING LEAVE TO 9 v. AMEND AND REMANDING CASE

10 HIGHLAND HOSPITAL, et al., Defendants. 11

12 13 This is a negligence and products liability action filed by plaintiff James Merry. Merry is a 14 nurse anesthetist who alleges he was injured when a large monitor on an anesthesia machine fell 15 and struck his head. Defendant General Electric Company (GE) removed the action, invoking the 16 Court’s diversity jurisdiction. Dkt. No. 1. GE contended that there is a complete diversity of 17 citizenship between Merry and GE, and the citizenship of the other two defendants, General 18 Electric & Machinery, Inc. and Highland Hospital, should be ignored because they are “sham” 19 defendants. Id. 20 Plaintiff Merry has requested leave to file a second amended complaint, Dkt. No. 39, 21 which no defendant has opposed. Among other changes, Merry seeks to remove General Electric 22 & Machinery, Inc. as a defendant, and to add GCX Corporation as a new defendant. Id. Merry 23 explains that he has learned that General Electric & Machinery, Inc. is an “HVAC company” that 24 is “unrelated to General Electric Company,” and it is GCX Corporation whose name is stamped on 25 the anesthesia machine at issue. Id. 26 Pursuant to Rule 15 of the Federal Rules of Civil Procedure and

(e), the 27 Court finds it appropriate to permit the amendment and remand the action. Merry has adequately 1 15(a)(2). The case is still in the very early stages of litigation, and GCX Corporation is a citizen 2 of California, as is Merry. See Dkt. No. 39, Ex. 3 J] 1, 5; see also Madriaga v. United Airlines, 3 Inc., No. 23-cv-06184-JD,

, at *1 (N.D. Cal. July 3, 2024). 4 The second amended complaint, Dkt. No. 39, Ex. 3, is deemed filed, and the case is 5 || remanded to the Superior Court of California for Alameda County. In light of the amendment and 6 this order, the pending motions to dismiss, Dkt. Nos. 8, 9, and motion to remand, Dkt. No. 25, are 7 terminated as moot. 8 IT IS SO ORDERED. 9 Dated: February 14, 2025 10 ll JAME NATO 12 Unitedfftates District Judge

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