Filed: Dec. 10, 2018
Latest Update: Dec. 10, 2018
Summary: STIPULATION AND [PROPOSED] ORDER FOR REMAND SALLIE KIM , Magistrate Judge . RECITALS 1. On February 7, 2018, Plaintiff Department of Fair Employment and Housing ("DFEH") on behalf of Tanesh Nutall (real party in interest) filed a complaint against Defendants City and County of San Francisco — Department of Police Accountability, and Does 1 through 10, in the Superior Court in and for the City and County of San Francisco, Case No. CGC-18-564162. 2. On February 16, 2018, Plaintiff Ta
Summary: STIPULATION AND [PROPOSED] ORDER FOR REMAND SALLIE KIM , Magistrate Judge . RECITALS 1. On February 7, 2018, Plaintiff Department of Fair Employment and Housing ("DFEH") on behalf of Tanesh Nutall (real party in interest) filed a complaint against Defendants City and County of San Francisco — Department of Police Accountability, and Does 1 through 10, in the Superior Court in and for the City and County of San Francisco, Case No. CGC-18-564162. 2. On February 16, 2018, Plaintiff Tan..
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STIPULATION AND [PROPOSED] ORDER FOR REMAND
SALLIE KIM, Magistrate Judge.
RECITALS
1. On February 7, 2018, Plaintiff Department of Fair Employment and Housing ("DFEH") on behalf of Tanesh Nutall (real party in interest) filed a complaint against Defendants City and County of San Francisco — Department of Police Accountability, and Does 1 through 10, in the Superior Court in and for the City and County of San Francisco, Case No. CGC-18-564162.
2. On February 16, 2018, Plaintiff Tanesh Nutall filed a complaint against Defendants City and County of San Francisco, San Francisco Department of Public Health, San Francisco Department of Police Accountability, Paul Henderson, Barbara A. Garcia, and Mary Ivas, in the Superior Court in and for the City and County of San Francisco, Case No. CGC-18-564404.
3. On February 26, 2018, Defendants City and County of San Francisco, Paul Henderson, Barbara A. Garcia, and Mary Ivas ("Defendants") removed this case to federal court pursuant to 28 U.S.C. §§ 1331 and 1441, on grounds that the Complaint stated federal claims pursuant to 28 U.S.C. §1983 (for violation of Plaintiffs' federal constitutional rights) and Monell v. Department of Social Services of the City of New York, 436 U.S. 658 (1978).
5. Judicial and economic efficiency would be best served by remanding this case to state court, for consolidation and/or relation to the DFEH case (CGC-18-564162). Accordingly, following meet and confer on the matter, the parties agree that this action should be remanded to state court, and ask the Court to execute the following order remanding the matter to state court pursuant to 28 U.S.C. §1447.
STIPULATION
For the foregoing reasons, the parties, through their undersigned counsel, stipulate and agree to entry of an order remanding this matter to the Superior Court of the State of California for the County of San Francisco.
ORDER
GOOD CAUSE appearing therefore, it is HEREBY ORDERED pursuant to 28 U.S.C. §1447 that this action is remanded to the Superior Court of the State of California for the County of San Francisco. The clerk is instructed to close the file.
IT IS SO ORDERED.
