Opinion
22-cv-02466-HSG
08-09-2022
VALARIE TURNER, et al., Plaintiffs, v. WINDSOR OAKRIDGE HEALTHCARE CENTER, LP, et al., Defendants.
ORDER GRANTING MOTION TO REMAND
Re: Dkt. No. 14
HAYWOOD S. GILLIAM, JR., United States District Judge
Pending before the Court is the motion to remand filed by Plaintiffs Valarie Turner, Syble Thomas, Betty Smith, and Bobbie Frost. See Dkt. No. 14. The Court finds this matter appropriate for disposition without oral argument and the matter is deemed submitted. See Civil L.R. 7-1(b).
In their opposition, Defendants appear to concede that controlling Ninth Circuit authority, Saldana v. Glenhaven Healthcare LLC, 27 F.4th 679 (9th Cir. 2022), requires remand. See Dkt. No. 11 at 5 (“Defendants are aware that this Court is bound by Ninth Circuit precedent in Saldana v. Glenhaven Healthcare LLC ....”). This Court has recently found that remand is warranted under similar circumstances, and adopts the reasoning of that case in its entirety. See Martinez v. Novato Healthcare Ctr., LLC, No. 21-CV-09547-HSG, 2022 WL 2981825, at *1 (N.D. Cal. July 28, 2022). Despite Defendants' urging, see Dkt. No. 11 at 18-19, the Court finds no basis to stay the case based on the prospect that the parties in Saldana v. Glenhaven may file a petition for writ of certiorari with the United States Supreme Court.
The Court accordingly GRANTS the motion and REMANDS the case to Alameda Superior Court. The Clerk is directed to close the case.
IT IS SO ORDERED.