Thomas v. Permanente Medical Group, Inc.

Filing 13

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)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

VICTORIA THOMAS,

12
13
14
15

No. 2:16-cv-00531-MCE-CKD

Plaintiff,
v.

ORDER

THE PERMANENTE MEDICAL
GROUP, INC. and Does 1–50,
inclusive,

16

Defendant.

17
18

Plaintiff originally filed this suit in the Superior Court of Sacramento on January

19

25, 2016. Not. of Removal, ECF No. 1, ¶ 1. It was removed to this Court on March 11,

20

2016, pursuant to the Court’s federal question jurisdiction, as Plaintiff’s Complaint

21

included a claim under the Family and Medical Leave Act (“FMLA”), 29 U.S.C. §§ 2601–

22

2654. Plaintiff now moves to amend her complaint so that she can remove her federal

23

cause of action and to remand the case back to the Superior Court of Sacramento. ECF

24

No. 8. Plaintiffs have provided a declaration stating that the parties “reached an

25

agreement to allow Plaintiff to dismiss her FMLA claim and have the matter remanded to

26

the Sacramento County Superior Court.” Decl. of Keith D. Cable, ECF No. 9, ¶ 4. And

27

indeed, Defendants have filed a Statement of Non-Opposition to Plaintiff’s motion. ECF

28

No. 11.
1

1

Under Eastern District of California Local Rule 137(c), a proposed amended

2

complaint should have been attached to Plaintiff’s Motion. Accordingly, Plaintiff’s Motion

3

and Defendant’s Statement of Non-Opposition are construed as a stipulation to remand.

4

Therefore, the Court orders that this case be REMANDED to the Superior Court of

5

Sacramento. In light of the foregoing, the hearing set for March 23, 2017, at 2:00 p.m. is

6

VACATED.

7
8

IT IS SO ORDERED.
Dated: March 17, 2017

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2