Kieran Kelleher v. City of Long Beach, et al

Filing 15

MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson remanding case to Los Angeles Superior Court, Case number BC621311. Case Terminated. Made JS-6. (See document for details) (mrgo)

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JS-6 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. CV 17-1308 PA (PJWx) Title Kieran Kelleher v. City of Long Beach, et al. Present: The Honorable Date April 5, 2017 PERCY ANDERSON, UNITED STATES DISTRICT JUDGE V.R. Vallery Not Reported N/A Deputy Clerk Court Reporter Tape No. Attorneys Present for Plaintiffs: Attorneys Present for Defendants: None None Proceedings: IN CHAMBERS – COURT ORDER Pursuant to the discussion that occurred during the Scheduling Conference on April 3, 2017, plaintiff has filed a Request for Dismissal seeking to dismiss without prejudice his federal claims. Plaintiff seeks dismissal of his first through sixth claims brought pursuant to 42 U.S.C. § 1983 and under City of Canton v. Harris, 489 U.S. 378, 388, 109 S. Ct. 1197, 1204, 103 L. Ed. 2d 412 (1989), and Monell v. New York City Dep’t of Soc. Servs., 436 U.S. 658, 690, 98 S. Ct. 2018, 2036, 56 L. Ed. 2d 611 (1978). These claims were the sole basis for the Court’s subject matter jurisdiction asserted in defendants’ Notice of Removal. The Court has supplemental jurisdiction over Plaintiff’s remaining state law claims under 28 U.S.C. § 1367(a). Once supplemental jurisdiction has been established under § 1367(a), a district court “can decline to assert supplemental jurisdiction over a pendant claim only if one of the four categories specifically enumerated in section 1367(c) applies.” Exec. Software v. U.S. Dist. Court for the Cent. Dist. of Cal., 24 F.3d 1545, 1555–56 (9th Cir. 1994). The Court may decline supplemental jurisdiction under § 1367(c) if: “(1) the claim raises a novel or complex issue of State law, (2) the claim substantially predominates over the claim or claims over which the district court has original jurisdiction, (3) the district court dismissed all claims over which it has original jurisdiction, or (4) in exceptional circumstances, there are other compelling reasons for declining jurisdiction.” Here, Plaintiff seeks dismissal of the only claim over which the Court has original jurisdiction. Accordingly, the Court dismisses the first through sixth claims without prejudice and declines to exercise supplemental jurisdiction over Plaintiffs’ state law claims. See 28 U.S.C. § 1367(c)(3). The Court further exercises its discretion to remand the action. See Albingia Versicherungs A.G. v. Schenker Int’l Inc., 344 F.3d 931, 938 (9th Cir. 2003); Harrell v. 20th Century Ins. Co., 934 F.2d 203, 205 (9th Cir. 1991) (“[A] district court has discretion to remand a properly removed case to state court when none of the federal claims are remaining.”). The Court remands this action to Los Angeles Superior Court, Case No. BC621311. See 28 U.S.C. § 1447(c). The further Scheduling Conference set for April 10, 2017, is vacated. IT IS SO ORDERED. CV-90 (06/04) CIVIL MINUTES - GENERAL Page 1 of 1

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