Samaan v. Rains, et al

Filing 8

ORDER signed by District Judge Troy L. Nunley on 11/6/2017 REMANDING CASE to Sacramento County Superior Court, Case No. 34-2016-00195759. Certified copy of remand order sent to other court. CASE CLOSED (Reader, L)

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LONGYEAR, O’DEA & LAVRA, LLP
John A. Lavra, CSB No.: 114533
Amanda L. McDermott, CSB No.: 253651
3620 American River Drive, Suite 230
Sacramento, CA 95864
Phone: [phone]
Facsimile: 916-974-8510
Attorneys for Mark Rains,
and County of Sacramento
Nabil Samaan, Esq. CSB No.: 170290
7641 Ward Lane
Fair Oaks, CA 95628
916-300-8678
[e-mail]
Attorney for Plaintiff, Pro Per

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NABIL SAMAAN,

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Plaintiff,
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v.
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MARK RAINS, SACRAMENTO COUNTY )
and DOES 1-10,
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Defendants
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Case No.: 2:17-cv-02219-TLN-DB
STIPULATION AND ORDER TO
REMAND CASE TO SACRAMENTO
SUPERIOR COURT

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Plaintiff Nabil Samaan and Defendant Mark Rains[1], by and through their respective
counsel, hereby agree and stipulate as follows:
1.

On June 9, 2016, Plaintiff commenced an action in the Superior Court of

California in and for the County of Sacramento titled Nabil Samaan v. Mark Rains, and DOES 110, as Case No. 34-2016-00195759.
2.

On or around August 1, 2017, Plaintiff filed a motion to file a First Amended

Complaint.

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[1] The County of Sacramento has not been served with the complaint or otherwise appeared in this matter.

STIPULATION AND ORDER TO REMAND CASE TO SACRAMENTO
SUPERIOR COURT

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3.

On or around September 18, 2017, the Superior Court granted Plaintiff’s motion

to file a First Amended Complaint.
4.

On September 22, 2017, Plaintiff filed a First Amended Complaint adding the

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County of Sacramento as a defendant and asserting causes of action for defamation, violations of

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California Civil Code § 52.1 and Sacramento County Code § 9.20.010, intentional infliction of

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emotional distress, negligence, negligent infliction of emotional distress, and violations of the

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First and Fourteenth Amendments to the Constitution of the United States.

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5.

The first date upon which Defendant Rains received a copy of said complaint was

September 25, 2017, via service upon his attorneys of record.
6.

On October 23, 2017, Defendant Mark Rains filed a Notice of Removal of the

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Action to this Court pursuant to 28 U.S.C. § 1441(b) based on Plaintiff’s claims brought under

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the First and Fourteenth Amendments to the Constitution of the United States pursuant to 42

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U.S.C. § 1983.

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7.

On October 25, 2017, Plaintiff filed a Request for Dismissal of the federal causes

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of action for violation of the First and Fourteenth Amendments to the U.S. Constitution in the

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Sacramento County Superior Court.

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8.

Plaintiff agrees to voluntarily dismiss the federal causes of action for violation of

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the First and Fourteenth Amendments to the U.S. Constitution from the First Amended

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Complaint, which removes the basis for this Court’s jurisdiction.

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9.

Therefore, the Parties stipulate that this action should immediately be remanded to

the Sacramento County Superior Court.
10.

Pursuant to this Stipulation, Plaintiff’s Sixth Cause of Action for “Violation of

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Constitutional First and Fourteenth Amendment Rights,” along with any other claims that may

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be construed to be federal question claims over which this court has original jurisdiction under

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28 U.S.C. § 1331, and any other federal claims against Defendants Mark Rains or the County of

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Sacramento, are dismissed with prejudice.

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STIPULATION AND ORDER TO REMAND CASE TO SACRAMENTO
SUPERIOR COURT

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11.

This Stipulation moots all pending motions before this Court, and all pending

deadlines and hearings in this case should be taken off the Court’s calendar.
12.

The Parties agree that the time for Defendant Rains to file a response to the First

Amended Complaint will be in accordance with California Code of Civil Procedure § 430.90.
WHEREFORE, the Parties hereby stipulate that good cause exists to remand this case
back to the Sacramento County Superior Court, Case No. 34-2016-00195759.

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Dated: November 6, 2017

LONGYEAR, O’DEA & LAVRA, LLP

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By: /s/ Amanda L. McDermott
JOHN A. LAVRA
AMANDA L. MCDERMOTT
Attorneys for Mark Rains and County of Sacramento

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Dated: November 6, 2017

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By: /s/ Nabil Samaan
NABIL SAMAAN
Attorney for Plaintiff, Pro Per

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ORDER

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Good cause appearing, IT IS ORDERED THAT:

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1.

This action immediately be remanded to the Sacramento County Superior Court;

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2.

This Stipulation moots all pending motions before this Court, and all pending

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deadlines and hearings in this case shall be taken off the Court’s calendar; and
3.

The time for Defendant Rains to file a response to the First Amended Complaint will

be in accordance with California Code of Civil Procedure § 430.90.

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Dated: November 6, 2017

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Troy L. Nunley
United States District Judge

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STIPULATION AND ORDER TO REMAND CASE TO SACRAMENTO
SUPERIOR COURT

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