Minister Victor McGee et al v. TD Service Company Inc et al

Filing 17

ORDER by Judge George H. Wu IT IS HEREBY ORDERED that the Motion to Dismiss is GRANTED, and that Plaintiffs action against the Federal Defendants is DISMISSED; IT IS FURTHER ORDERED that Plaintiffs Minister Victor McGee and Billy Joe Johnson may not re-file the present claims against the Federal Defendants without first applying for and receiving written authorization from this FederalCourt. The claims against the remaining Defendants are REMANDED to the LosAngeles County Superior Court for t he State of California (SC120144) because this Court determined that the RICO claims do not establish federal question jurisdiction and are no longer claims in the case after the Federal Defendants are dismissed. (remanding case to Los Angeles County Superior Court Santa Monica Courthouse, Case number SC120144) Case Terminated. Made JS-6 (Attachments: # 1 Letter Remand to State Court) (pj)

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JS-6 1 2 3 4 5 6 7 8 9 10 11 UNITED STATES DISTRICT COURT 12 FOR THE CENTRAL DISTRICT OF CALIFORNIA 13 WESTERN DIVISION 14 15 16 MINISTER VICTOR MCGEE, MR. BILLY JOE JOHNSON, 17 Plaintiffs, 18 19 v. 20 T.D. SERVICE COMPANY, INC., et al., 21 Case No. CV 13-03183 GW (JCx) ORDER GRANTING FEDERAL DEFENDANTS’ MOTION TO DISMISS AND REQUIRING PLAINTIFFS TO SUBMIT TO PREFILING ORDER BEFORE COMMENCING ADDITIONAL ACTION AGAINST FEDERAL DEFENDANTS Defendants. 22 Honorable George H. Wu 23 24 25 26 27 28 Federal Defendants’ Motion to Dismiss, having come on regularly for hearing, and the Court having considered the pleadings, evidence presented, and the memorandum of points and authorities in support thereof, 1 2 IT IS HEREBY ORDERED that the Motion to Dismiss is GRANTED, and that Plaintiffs’ action against the Federal Defendants is DISMISSED; 3 IT IS FURTHER ORDERED that Plaintiffs Minister Victor McGee and 4 Billy Joe Johnson may not re-file the present claims against the Federal Defendants 5 without first applying for and receiving written authorization from this Federal 6 7 Court. The claims against the remaining Defendants are REMANDED to the Los 8 Angeles County Superior Court for the State of California (SC120144) because 9 this Court determined that the RICO claims do not establish federal question 10 jurisdiction and are no longer claims in the case after the Federal Defendants are 11 dismissed. 12 13 DATED: June 26, 2013 14 ________________________________ HONORABLE GEORGE H. WU UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Presented by: ANDRÉ BIROTTE JR. United States Attorney LEON W. WEIDMAN Assistant United States Attorney Chief, Civil Division /s/ MATTHEW P. LANE Assistant United States Attorney Attorneys for Federal Defendants

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