Lily Aasland et al v. Orange County Batbusters et al

Filing 21

ORDER by Judge James V. Selna, Granting Plaintiffs' Request to Dismiss ADA Claim and Remand Matter to State Superior Court. IT IS FURTHER ORDERED that the matter is hereby REMANDED California Superior Court for adjudication of the Plaintiffs remaining state causes of action. Remanding case to Superior Court of California, County of Orange, Case number 30-2017-00931892 CU-CR-CJC. Case Terminated. Made JS-6 (twdb)

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1 2 3 4 5 6 JS-6 7 8 UNITED STATES DISTRICT COURT FOR THE 9 CENTRAL DISTRICT OF CALIFORNIA 10 LILYAASLAND, a minor, by and through 11 Guardian Ad Litem, BETSY AASLAND, Plaintiff, 12 13 vs. 14 15 ORANGE COUNTY BATBUSTERS, a California non-profit corporation, doing 16 business as OC BATBUSTERS; MICHAEL STITH, an individual; CLAY LARA, an 17 individual; CHRIS PORTESI, an individual; TONY BRACAMONTE, an individual; and 18 DOES 1 to 100, Inclusive, 19 Defendants. 20 21 ____________________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.: 8:17-cv-01491-JVS-JDE ORDER GRANTING PLAINTIFFS’ REQUEST TO DISMISS ADA CLAIM AND REMAND MATTER TO STATE SUPERIOR COURT 22 23 24 25 26 27 28 LAW OFFICE OF STEPHEN A. MADONI A Professional Corporation ORDER 1 ORDER GRANTING PLAINTIFFS’ REQUEST TO DISMISS ADA CLAIM AND 2 REMAND MATTER TO STATE SUPERIOR COURT 3 At the April 2, 2018 Scheduling Conference, both parties appearing through counsel of 4 record, Plaintiffs’ counsel moved to dismiss the Plaintiffs’ second cause of action for 5 VIOLATION OF THE AMERICAN’S WITH DISABILITIES ACT without prejudice and 6 have the matter remanded to California Superior Court. 7 Having considered the arguments of counsel, and good cause appearing therefor, the 8 Court now rules as follows: 9 IT IS ORDERED that the Plaintiffs’ motion to DISMISS the Second Cause of Action 10 for VIOLATION OF THE AMERICAN’S WITH DISABILITIES ACT without prejudice is 11 GRANTED; 12 IT IS FURTHER ORDERED that the matter is hereby REMANDED California 13 Superior Court for adjudication of the Plaintiffs’ remaining state causes of action. 14 SO ORDERED. 15 16 DATED: April 12, 2018 17 18 19 ___________________________________ 20 UNITED STATES DISTRICT JUDGE 21 22 23 24 25 26 27 28 LAW OFFICE OF STEPHEN A. MADONI A Professional Corporation -2- ORDER

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