Reed, et al. v. Kern High School District, et al.

Filing 10

ORDER GRANTING Plaintiff's 8 Motion to Remand Case to Superior Court for the State of California, County of Kern signed by Chief Judge Lawrence J. O'Neill on 2/3/2017. Copy of remand order sent to Kern County Superior Court. CASE CLOSED.(Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TYSON REED; and LINDA REED,

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Plaintiffs,

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v.
KERN HIGH SCHOOL DISTRICT;
KERN HIGH SCHOOL DISTRICT
POLICE OFFICER LUIS PENA;
BRETT BONETTI; and DOES 1 TO 10,
inclusive.
Defendants.
_________________________________

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Case No.: 1:16-cv-01838-LJO-JLT
ORDER GRANTING
PLAINTIFFS’ MOTION TO
REMAND CASE TO SUPERIOR
COURT FOR THE STATE OF
CALIFORNIA, COUNTY OF
KERN
DATE:
TIME:
COURT:

FEBRUARY 9, 2017
8:30 A.M.
4, 7TH FLOOR

HON. LAWRENCE J. O’NEILL

ORDER

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This motion was noticed for hearing on February 9, 2017. Having reviewed the

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parties’ papers and arguments in this matter, the Court finds the matter suitable for

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decision on the papers pursuant to Local Rule 230(g).

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The Court hereby GRANTS Plaintiffs’ motion to remand this case to the Superior

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Court for the State of California, County of Kern, pursuant to 28 U.S.C. §1447(c). The

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Court finds that Defendants have failed to comply with the “rule of unanimity” under 28

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U.S.C. §1446(b)(2)(A), which requires that all served defendants join in or consent to

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removal, and that Defendant Pena has failed to comply with the required timelines under

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28 U.S.C. §1446(b)(2)(B) for filing his own notice of removal. In addition, all

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Defendants, including Defendant Pena, were served with the motion and failed to file

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any opposition.

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This case is hereby ordered remanded to the Superior Court for the State of
California, County of Kern.

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The February 9, 2017 hearing is VACATED.

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The Clerk of Court is directed to CLOSE THIS CASE.

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IT IS SO ORDERED.
Dated:

February 3, 2017

/s/ Lawrence J. O’Neill _____
UNITED STATES CHIEF DISTRICT JUDGE

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Order Granting Plaintiffs’ Motion to Remand