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Larrabee v. City of Sacramento, 2:18-CV-01871-TLN-CKD. (2018)

Court: District Court, E.D. California Number: infdco20180815b15 Visitors: 7
Filed: Aug. 13, 2018
Latest Update: Aug. 13, 2018
Summary: STIPULATION AND ORDER FOR REMAND TO STATE COURT TROY L. NUNLEY , District Judge . IT IS HEREBY RESPECTFULLY REQEUSTED AND STIPULATED, by and between the parties hereto, that this case be remanded to state court for the reasons below. On May 22, 2018, Plaintiff filed a complaint in state court alleging thirteen causes of action, one of which appeared to plead an action under the Family and Medical Leave Act (FMLA). The City of Sacramento timely filed a Notice of Removal to federal court on
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STIPULATION AND ORDER FOR REMAND TO STATE COURT

IT IS HEREBY RESPECTFULLY REQEUSTED AND STIPULATED, by and between the parties hereto, that this case be remanded to state court for the reasons below.

On May 22, 2018, Plaintiff filed a complaint in state court alleging thirteen causes of action, one of which appeared to plead an action under the Family and Medical Leave Act (FMLA). The City of Sacramento timely filed a Notice of Removal to federal court on July 3, 2018. On or about July 16, plaintiff communicated to defendant that plaintiff had no intention of pleading a cause of action under the FMLA, that she would delete all references to the Act, clarify the pleadings, stipulate to the remand state court and allow the defendant 30 days-time to respond to the amended complaint.

With the deletion of all references to the FMLA, the complaint has no other basis for federal court jurisdiction, and it is appropriate to remand the case to the Sacramento County Superior Court.

ORDER

IT IS HEREBY ORDERED:

The case is remanded to state court.

Source:  Leagle

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