Bernard Brandchaft, Dr. v. E.F. Hutton & Company, Inc.
This text of 841 F.2d 886 (Bernard Brandchaft, Dr. v. E.F. Hutton & Company, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
ORDER
On July 2, 1987, this case was removed to federal court on the basis of diversity jurisdiction. At the time of removal, the complaint contained allegations against fictitious “Doe” defendants. On September 29, 1987, the district court struck the “Doe” allegations pursuant to C.D.Cal.R. 3.7.2.1 and dismissed the complaint as to defendant E.F. Hutton & Company, Inc. Plaintiff appealed the district court’s order on October 22, 1987.
On January 11, 1988, plaintiff moved to remand this case to state court pursuant to Bryant v. Ford Motor Co., 832 F.2d 1080, 1083 n. 6 (9th Cir.1987) (en banc). The motion to remand is denied. Bryant does not require remand in cases where “Doe” defendants were stricken by the district court prior to the November 6, 1987 decision in Bryant.
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841 F.2d 886, 1988 U.S. App. LEXIS 2209, 1988 WL 13228, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bernard-brandchaft-dr-v-ef-hutton-company-inc-ca9-1988.