Spaeth v. Pinnacle Biologics Inc

FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON May 17, 2022 3 SEAN F. MCAVOY, CLERK 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF WASHINGTON ZONA GAIL SPAETH, as Personal No. 2:22-cv-00048-MKD Representative of the Estate of Amelia Luera, and on behalf of statutory ORDER GRANTING PLAINTIFF’S beneficiaries Angela Luera and Anthony MOTION TO REMAND Luera, ECF No. 3 10 Plaintiff, vs. PINNACLE BIOLOGICS, INC., a Delaware Corporation, ADVANZ PHARMA, CORP., a Delaware Corporation, GIOVANNI BADINI, an individual, AGILITI HEALTH, INC., a Delaware Corporation, and JOHN DOES 1-10, 16 Defendants.

17 Before the Court is Plaintiff’s Motion to Remand this matter to Spokane County Superior Court, ECF No. 3. Defendants Pinnacle Biologics, Inc. and Advanz Pharma, Corp. (“Defendants”) do not oppose Plaintiff’s Motion to Remand. See ECF No. 5. The Court has reviewed the motion, the record, and is fully informed. Being fully advised, the Court grants Plaintiff’s Motion Remand.

3 BACKGROUND 4 On May 11, 2022, the Court granted Plaintiff’s Motion to Amend Complaint, ECF No. 3. See ECF No. 6. On May 16, 2022, Plaintiff filed an Amended Complaint adding Giovanni Badini (“Badini”) and Agiliti Health Inc. (“Agiliti”) as defendants. See ECF No. 7. Plaintiff’s Amended Complaint alleges Badini is a citizen of Washington State and Agiliti is a Delaware Corporation.

9 ANALYSIS 10 Federal courts have original jurisdiction over civil actions where the amount in controversy exceeds $75,000 and the case is between citizens of different states.

12 28 U.S.C. § 1332(a). Diversity jurisdiction under 28 U.S.C. § 1332(a) requires that each plaintiff be diverse from each defendant. Exxon Mobil Corp. v. Allapattah Servs., Inc., 545 U.S. 546, 553 (2005) (citing Owen Equipment & Erection Co. v. Kroger, 437 U.S. 365, 375 (1978)).

16 Plaintiff’s Motion to Remand asserted that once Plaintiff amended her Complaint to add Badini, there will no longer be complete diversity as Bandini and Plaintiff are both citizens of Washington. Defendants do no contest Plaintiff’s assertion. The addition of Badini as a defendant has indeed defeated diversity.

20 Accordingly, the Court GRANTS Plaintiff’s Motion to Remand.

1 Accordingly, IT IS ORDERED: 2 1. Plaintiff’s Motion to Remand to Spokane County Superior Court, 3 ECF No. 3, is GRANTED.

4 2. This matter shall be REMANDED to Spokane County Superior 5 Court.

6 3. All pending motions shall be DENIED as moot and all hearings and 7 other deadlines shall be STRICKEN.

8 4. Defendants’ Answers to Plaintiff’s Amended Complaint will be filed 9 in Spokane County Superior Court.

10 IT IS SO ORDERED. The District Court Executive is directed to file this order, provide copies to the parties, and remand the matter to Spokane County Superior Court.

13 DATED May 17, 2022. s/Mary K. Dimke 15 MARY K. DIMKE UNITED STATES DISTRICT JUDGE