Thomas v. Permanente Medical Group, Inc.
Filing
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ORDER signed by District Judge Morrison C. England, Jr., on 3/17/17 ORDERING that this case is REMANDED to the Superior Court of Sacramento. Certified copy of remand order sent to other court. CASE CLOSED (Kastilahn, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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VICTORIA THOMAS,
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No. 2:16-cv-00531-MCE-CKD
Plaintiff,
v.
ORDER
THE PERMANENTE MEDICAL
GROUP, INC. and Does 1–50,
inclusive,
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Defendant.
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Plaintiff originally filed this suit in the Superior Court of Sacramento on January
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25, 2016. Not. of Removal, ECF No. 1, ¶ 1. It was removed to this Court on March 11,
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2016, pursuant to the Court’s federal question jurisdiction, as Plaintiff’s Complaint
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included a claim under the Family and Medical Leave Act (“FMLA”), 29 U.S.C. §§ 2601–
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2654. Plaintiff now moves to amend her complaint so that she can remove her federal
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cause of action and to remand the case back to the Superior Court of Sacramento. ECF
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No. 8. Plaintiffs have provided a declaration stating that the parties “reached an
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agreement to allow Plaintiff to dismiss her FMLA claim and have the matter remanded to
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the Sacramento County Superior Court.” Decl. of Keith D. Cable, ECF No. 9, ¶ 4. And
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indeed, Defendants have filed a Statement of Non-Opposition to Plaintiff’s motion. ECF
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No. 11.
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Under Eastern District of California Local Rule 137(c), a proposed amended
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complaint should have been attached to Plaintiff’s Motion. Accordingly, Plaintiff’s Motion
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and Defendant’s Statement of Non-Opposition are construed as a stipulation to remand.
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Therefore, the Court orders that this case be REMANDED to the Superior Court of
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Sacramento. In light of the foregoing, the hearing set for March 23, 2017, at 2:00 p.m. is
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VACATED.
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IT IS SO ORDERED.
Dated: March 17, 2017
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