Romero v. American Array Solar, Inc.

Filing 8

ORDER DISMISSING CASE re 7 signed by District Judge Dale A. Drozd on 11/7/2017. CASE CLOSED. (Jessen, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ENRIQUE ROMERO, individually and on
behalf of all others similarly situated,
Plaintiff,

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ORDER DISMISSING CASE
v.

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No. 1:17-cv-01198-DAD-SKO

(Doc. No. 7)
AMERICAN ARRAY SOLAR, INC.,
Defendant.

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On October 29, 2017, the parties filed a stipulation to an order remanding this case to

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Madera County Superior Court. (Doc. No. 7.) In that stipulation, the parties indicate that on

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October 16, 2017, the President of American Array Solar, Inc. (“American Array”), Ashraf

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Raoufi (“Mr. Raoufi”), had submitted a declaration attesting to the fact that American Array’s

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principal place of business is located in Livermore, California. (Declaration of Ashraf Raoufi

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(Doc. No. 7-1) ¶ 1.) The parties also indicated that Mr. Raoufi confirmed in his declaration that

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American Array has not sold solar panel systems or installed such systems outside of California.

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(Id. at ¶ 4.) Based upon this information, the parties have indicated that they believe the court no

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longer has jurisdiction to hear this action.

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However, because this action was originally filed in federal court (see Doc. No. 1) and

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was not removed to this federal court from Madera County Superior Court, remand is not

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appropriate. Rather, given the parties’ stipulation regarding the lack of jurisdiction, the court

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hereby dismisses this action. Accordingly, the Clerk of the Court is directed to close this case.

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IT IS SO ORDERED.

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Dated:

November 7, 2017
UNITED STATES DISTRICT JUDGE

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