Court of Appeals for the Ninth Circuit November 6, 2003, No. 02-16881, 02-73163; D.C. No. CV-02-01575-LKK, CV-02-1575-LKK (Healy v. MCI Worldcom Network Services, Inc.)

MEMORANDUM **

EDS brings this consolidated appeal and petition for writ of mandamus to challenge a sua sponte remand by the Eastern District of California. The underlying case involves breach of an employment separation agreement. In July 2002, EDS sought removal to federal court on diversity grounds. Upon finding that not all defendants had joined in the notice of removal as required by 28 U.S.C.