John Briggs McAndrews et al v. Mammoth Mountain Ski Area et al

Filing 11

MINUTES OF IN CHAMBERS ORDER by Judge Dale S. Fischer remanding case to Superior Court of California, County of Los Angeles, Case number BC 388455, (Made JS-6. Case Terminated.) (shb)

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL JS 6

Case No. Title

CV 09-2241 DSF

Date

7/17/09

John Briggs McAndrews, et al. v. Mammoth Mountain Ski Area, et al. DALE S. FISCHER, United States District Judge Not Present Court Reporter Attorneys Present for Defendants: Not Present

Present: The Honorable

Debra Plato Deputy Clerk Attorneys Present for Plaintiffs: Not Present Proceedings:

(IN CHAMBERS) Order REMANDING Action to the Superior

Court of California, County of Los Angeles On March 31, 2009, the United States Forest Service (the "Federal Defendant"), removed this action from the Superior Court of California, County of Los Angeles to this Court pursuant to 28 U.S.C. § 1442, which provides: A civil action or criminal prosecution commenced in a State court against any of the following may be removed by them to the district court of the United States for the district and division embracing the place wherein it is pending: (1) The United States or any agency thereof or any officer (or any person acting under that officer) of the United States or of any agency thereof, sued in an official or individual capacity for any act under color of such office or on account of any right, title or authority claimed under any Act of Congress for the apprehension or punishment of criminals or the collection of the revenue . . . . On May 11, 2009, this Court granted the Federal Defendant's Motion to Dismiss. Neither the United States nor any agent or officer of the United States is now a defendant in this action. The Court has discretion to retain or remand the complaint, which consists of a single state law claim. 28 U.S.C. §1367(c); Murphy v. Kodz, 351 F.2d 163, 168 (9th Cir. 1965). No other activity has occurred in this Court. It does not appear that any other Defendant has ever been served. It appears more appropriate for the matter to proceed in
CV-90 (12/02) CIVIL MINUTES - GENERAL Page 1 of 2

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL JS 6 state court.

Therefore, this action is REMANDED to the Superior Court of California, County of Los Angeles.

IT IS SO ORDERED.

CV-90 (12/02)

CIVIL MINUTES - GENERAL

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