Loos et al v. Elkins et al

Filing 8

ORDER signed by Judge Lawrence K. Karlton on 03/15/07 ORDERING that plts' Motion for a Temporary Restraining Order 6 isDENIED. The matter is REFERRED to the Honorable Edmund F.Brennan for all further pretrial proceedings, pursuantto L.R. 72-302 (c) (21). The Motion to Proceed In Forma Pauperis 2 is also REFERREDto the Magistrate Judge assigned to this case. (Duong, D)

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(PS) Loos et al v. Elkins et al Doc. 8 Case 2:07-cv-00503-LKK-EFB Document 8 Filed 03/15/2007 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Pending before the v. ORDER ALICE R. ELKINS, NATOMA, INC., SACRAMENTO VALLEY DIVERSIFIED, ARDEN BELL APTS, and DOES 1-20, Defendants. / court is a Motion for a Temporary AARON D. LOOS and ALICE M. LOOS, NO. CIV. S-07-503 LKK/EFB PS Plaintiffs, UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA Restraining Order filed by Aaron D. Loos and Alice M. Loos ("plaintiffs") against Alice R. Elkins, et al ("defendants"). Also pending before the court is a Motion to Proceed In Forma Pauperis. Plaintiffs claim that they were unlawfully terminated from their employment as apartment managers at Arden Bell Apartments. Plaintiffs also aver that they are in the process of being unlawfully evicted from their apartment at Arden Bell. Plaintiffs fail to establish the grounds for invoking federal jurisdiction. The Labor Code sections cited to by plaintiffs do 1 Dockets.Justia.com Case 2:07-cv-00503-LKK-EFB Document 8 Filed 03/15/2007 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 not govern wrongful eviction or wrongful termination. Plaintiffs should consider re-filing their complaint in the appropriate state court. Plaintiffs may find it helpful to seek legal representation through a legal services organization. Accordingly, the court orders as follows: 1. Plaintiffs' Motion for a Temporary Restraining Order is DENIED. 2. The matter is REFERRED to the Honorable Edmund F. Brennan for all further pretrial proceedings, pursuant to L.R. 72-302(c)(21). 3. The Motion to Proceed In Forma Pauperis is also REFERRED to the Magistrate Judge assigned to this case. IT IS SO ORDERED. DATED: March 15, 2007. 2

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