Smith-Emery Company, et al v. State of California, et al

Filing 22

ORDER signed by District Judge Troy L. Nunley on 4/7/2017 GRANTING 20 Motion to Remand, to Superior Court of California, County of Sacramento. Copy of remand order sent. CASE CLOSED. (Washington, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SMITH-EMERY COMPANY, a California
corporation, and JAMES E. PARTRIDGE,
P.E., an individual,

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Plaintiffs,

No. 2:17-cv-00435-TLN-KJN

ORDER GRANTING PLAINTIFFS’
MOTION FOR REMAND

v.
STATE OF CALIFORNIA, DIVISION OF
STATE ARCHITECT; STATE OF
CALIFORNIA, OFFICE OF STATEWIDE
HEALTH PLANNING AND
DEVELOPMENT; INTERNATIONAL
UNION OF OPERATING ENGINEERS,
LOCAL UNION NO. 12; TRUSTEES OF
THE OPERATING ENGINEERS
PENSION TRUST; TRUSTEES OF THE
OPERATING ENGINEERS HEATH AND
WELFARE FUND; TRUSTEES OF THE
OPERATING ENGINEERS VACATION
HOLIDAY SAVINGS TRUST;
TRUSTEES OF THE OPERATING
ENGINEERS TRAINING TRUST; and
DOES 1-10, inclusive,
Defendants.

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This matter is before the Court on Plaintiffs Smith-Emery Company and James Partridge’s

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(jointly “Plaintiffs”) Motion for Remand (ECF No. 20). Defendants State of California Division

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of State Architect and State of California Office of Statewide Health Planning and Development
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(jointly “Defendants”) filed a statement of non-opposition. (ECF No. 21.) Plaintiffs seek

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declaratory judgment that it is unlawful for inspectors employed by Plaintiffs to perform testing

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work on schools and hospitals pursuant to California state law. (Compl., ECF No. 1, Ex. A.) In

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light of Defendants’ statement of non-opposition, this action is hereby REMANDED to the

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Superior Court of California, County of Sacramento. The Clerk of Court is directed to close the

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case.

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IT IS SO ORDERED.

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Dated: April 7, 2017

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Troy L. Nunley
United States District Judge

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