Filed: Feb. 01, 2019
Latest Update: Feb. 01, 2019
Summary: PRETRIAL ORDER NO. 69: MOTION TO REMAND IN KLOCK V. MONSANTO CO. VINCE CHHABRIA , District Judge . The motion to remand in Klock v. Monsanto Co. is granted. See Dkt. No. 2368. On this issue, which has divided the courts, this Court agrees with the view that interpreting the statute to permit removal before service of process would create absurd results. See, e.g., Black v. Monster Beverage Corp., No. EDCV-15-02203-MWF-DTB, 2016 WL 81474, at *3-5 (C.D. Cal. Jan. 7, 2016); Phillips
Summary: PRETRIAL ORDER NO. 69: MOTION TO REMAND IN KLOCK V. MONSANTO CO. VINCE CHHABRIA , District Judge . The motion to remand in Klock v. Monsanto Co. is granted. See Dkt. No. 2368. On this issue, which has divided the courts, this Court agrees with the view that interpreting the statute to permit removal before service of process would create absurd results. See, e.g., Black v. Monster Beverage Corp., No. EDCV-15-02203-MWF-DTB, 2016 WL 81474, at *3-5 (C.D. Cal. Jan. 7, 2016); Phillips ..
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PRETRIAL ORDER NO. 69: MOTION TO REMAND IN KLOCK V. MONSANTO CO.
VINCE CHHABRIA, District Judge.
The motion to remand in Klock v. Monsanto Co. is granted. See Dkt. No. 2368. On this issue, which has divided the courts, this Court agrees with the view that interpreting the statute to permit removal before service of process would create absurd results. See, e.g., Black v. Monster Beverage Corp., No. EDCV-15-02203-MWF-DTB, 2016 WL 81474, at *3-5 (C.D. Cal. Jan. 7, 2016); Phillips Constr., LLC v. Daniels Law Firm, PLLC, 93 F.Supp.3d 544, 547-56 (S.D.W. Va. 2015); see also Chen v. BioPharmX Corp., Case No. 17-cv-05725-VC, Dkt. No. 34. Absent intervening authority from the Ninth Circuit or Supreme Court, this order will govern all pending and future cases in this multidistrict litigation proceeding.
IT IS SO ORDERED.
