DOZIER v. SUTTER EAST BAY MEDICAL FOUNDATION, 17-cv-03652-PJH. (2017)
Court: District Court, N.D. California
Number: infdco20171023h67
Visitors: 38
Filed: Oct. 20, 2017
Latest Update: Oct. 20, 2017
Summary: ORDER RE STIPULATION FOR REMAND Re: Dkt. No. 51 PHYLLIS J. HAMILTON , District Judge . The court is in receipt of the parties' joint stipulation to remand the above captioned case to Alameda County Superior Court. A district court is empowered to remand a case or claims to a state court only where that case was removed from state court pursuant to federal statute. See 28 U.S.C. 1441 et seq. This case, however, was never removed from state court to federal court. Plaintiffs filed the co
Summary: ORDER RE STIPULATION FOR REMAND Re: Dkt. No. 51 PHYLLIS J. HAMILTON , District Judge . The court is in receipt of the parties' joint stipulation to remand the above captioned case to Alameda County Superior Court. A district court is empowered to remand a case or claims to a state court only where that case was removed from state court pursuant to federal statute. See 28 U.S.C. 1441 et seq. This case, however, was never removed from state court to federal court. Plaintiffs filed the com..
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ORDER RE STIPULATION FOR REMAND
Re: Dkt. No. 51
PHYLLIS J. HAMILTON, District Judge.
The court is in receipt of the parties' joint stipulation to remand the above captioned case to Alameda County Superior Court. A district court is empowered to remand a case or claims to a state court only where that case was removed from state court pursuant to federal statute. See 28 U.S.C. § 1441 et seq. This case, however, was never removed from state court to federal court. Plaintiffs filed the complaint in this court on June 26, 2017. The court cannot send a case back to state court that never originated there. The court therefore DENIES the stipulation to remand.
Barring any statute of limitations or similar issues, if the parties would like to proceed in Alameda County Superior Court, plaintiffs may voluntarily dismiss this case without prejudice.
IT IS SO ORDERED.
Source: Leagle
