Dann Long et al v. Veterans Administration et al

Filing 17

MINUTES (IN CHAMBERS) ORDER REMANDING MATTER TO STATE COURT by Judge George H. Wu: On 3/13/2015, the plaintiffs voluntarily dismissed the Veterans Administration ("VA") 16 . The Complaint does not contain any federal law-based causes of ac tion. As a result, and especially given the early stage of this case, this Court now remands the case to the Superior Court of the State of California, County of San Bernardino, Case Number CIVDS 1418950. All hearings set in this Court are vacated. ( Case Terminated. Made JS-6 ) Court Reporter: None Present. (gk)

REMAND/JS-6
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

EDCV 15-337-GW(SPx)

Title

Dann Long, et al. v. Veterans Administration, et al.

Present: The Honorable

Date

March 24, 2015

GEORGE H. WU, UNITED STATES DISTRICT JUDGE

Javier Gonzalez

None Present

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

None Present

None Present

PROCEEDINGS (IN CHAMBERS):

ORDER REMANDING MATTER TO STATE COURT

On February 25, 2015, the Veterans Administration (“VA”) removed this matter to this Court,
pursuant to 28 U.S.C. § 1442(a)(1). On March 13, 2015, the plaintiffs voluntarily dismissed the VA. See
Docket No. 16. The Complaint does not contain any federal law-based causes of action. As a result, and
especially given the early stage of this case, this Court now remands the case to the Superior Court of the
State of California, County of San Bernardino. See State of Neb. ex rel. Dep’t of Soc. Servs. v. Bentson, 146
F.3d 676, 679 (9th Cir. 1998) (“That dismissal [of the IRS] destroyed the court’s subject matter jurisdiction
over the entire case, as the presence of a federal agency was what gave rise to its initial removability.”);
Swett v. Schenk, 792 F.2d 1447, 1450 (9th Cir. 1986) (“[I]t is within the district court’s discretion, once the
basis for removal jurisdiction is dropped, whether to hear the rest of the action or remand it to the state court
from which it was removed.”); Golden Eagle Ins. Corp. v. Allied Tech. Grp., 83 F.Supp.2d 1132, 1134-35
(C.D. Cal. 1999). All hearings set in this Court are vacated.

cc: Pro Se Plaintiffs

:
Initials of Preparer
CV-90 (06/04)

CIVIL MINUTES - GENERAL

JG
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