Luis v. County of San Diego, 3:18-cv-0246-CAB-(JMA). (2018)
Court: District Court, N.D. California
Number: infdco20180507675
Visitors: 13
Filed: May 04, 2018
Latest Update: May 04, 2018
Summary: ORDER OF REMAND CATHY ANN BENCIVENGO , District Judge . On April 24, 2018, the Court granted Defendant County of San Diego's motion to dismiss all claims against it, including the federal claims upon which jurisdiction rested. [Doc. No. 18.] In the dismissal order, Plaintiff was given up to and including May 15, 2018, to file an amended complaint and was required to file a notice of his intention to do so on or before May 1, 2018. [ Id. at 23] Additionally, Plaintiff was cautioned that his
Summary: ORDER OF REMAND CATHY ANN BENCIVENGO , District Judge . On April 24, 2018, the Court granted Defendant County of San Diego's motion to dismiss all claims against it, including the federal claims upon which jurisdiction rested. [Doc. No. 18.] In the dismissal order, Plaintiff was given up to and including May 15, 2018, to file an amended complaint and was required to file a notice of his intention to do so on or before May 1, 2018. [ Id. at 23] Additionally, Plaintiff was cautioned that his ..
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ORDER OF REMAND
CATHY ANN BENCIVENGO, District Judge.
On April 24, 2018, the Court granted Defendant County of San Diego's motion to dismiss all claims against it, including the federal claims upon which jurisdiction rested. [Doc. No. 18.] In the dismissal order, Plaintiff was given up to and including May 15, 2018, to file an amended complaint and was required to file a notice of his intention to do so on or before May 1, 2018. [Id. at 23] Additionally, Plaintiff was cautioned that his failure to file the required Notice of Intent would result in the Court remanding the remaining state law causes of action against Defendant Casa to state court. [Id.]
The deadline for Plaintiff to file the required Notice has come and gone and no filing has been entered on the docket. According, the Court hereby REMANDS this action back to the San Diego Superior Court for lack of subject matter jurisdiction. See 28 U.S.C. § 1447(c) ("[i]f at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded."). The Clerk of the Court shall CLOSE the case.
It is SO ORDERED.
Source: Leagle
