Elawyers Elawyers
Ohio| Change

Khosroabadi v. Mazgani Social Services, Inc., SACV 17-00644-CJC(KESx). (2018)

Court: District Court, C.D. California Number: infdco20180412861 Visitors: 16
Filed: Apr. 11, 2018
Latest Update: Apr. 11, 2018
Summary: ORDER REMANDING CASE AND DENYING DEFENDANTS' EX PARTE REQUEST CORMAC J. CARNEY , District Judge . On March 13, 2017, Plaintiff Iraj Khosroabadi filed this case in Orange County Superior Court, which was removed to this Court on April 7, 2017. ( See Dkt. 1 Ex. 1; Dkt. 1.) On February 14, 2018, the Court granted in part Defendants' motion for summary judgment as to Plaintiff's civil RICO cause of action, and declined to exercise supplemental jurisdiction over Plaintiff's remaining caus
More

ORDER REMANDING CASE AND DENYING DEFENDANTS' EX PARTE REQUEST

On March 13, 2017, Plaintiff Iraj Khosroabadi filed this case in Orange County Superior Court, which was removed to this Court on April 7, 2017. (See Dkt. 1 Ex. 1; Dkt. 1.) On February 14, 2018, the Court granted in part Defendants' motion for summary judgment as to Plaintiff's civil RICO cause of action, and declined to exercise supplemental jurisdiction over Plaintiff's remaining causes of action. (Dkt. 93.) The Court delayed remand in light of Plaintiff's pending motions to compel discovery, and Magistrate Judge Scott's request that the Court retain jurisdiction while the Social Security Administration produced information responsive to Plaintiff's subpoenas. (Dkt. 96.)

Before the Court is Defendants' ex parte request for dismissal of the case or for an order to show cause why the cause should not be dismissed in light of the parties' purported settlement. (Dkt. 102.) Defendants represent that the parties entered into a confidential settlement agreement on March 30, 2018, wherein Defendants agreed to pay Plaintiff and Plaintiff agree to execute a stipulation for dismissal of this action with prejudice. (Id. at 2-3.) Defendants did not attach the settlement to their request. (Id.) Defendants state they have paid Plaintiff the agreed upon amount, but Plaintiff's counsel has refused to stipulate to dismissal of the action. (Id.) Defendants also request sanctions against Plaintiff's counsel for failure to dismiss the action. (Id. at 3-4.)

Given the parties' dispute, there is no reason for the Court to retain jurisdiction over this matter any longer.1 Accordingly, the Court REMANDS this action to Orange County Superior Court and DENIES Defendants' ex parte request for dismissal and sanctions.

FootNotes


1. The Court had previously determined that it would delay remand until April 20, 2018, unless Judge Scott recommended a later date. But, as evidenced by Defendants' ex parte request, further litigation in federal court is not productive.
Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer