Doose v. Wal-Mart Stores Inc.

Filing 30

ORDER REQUIRING FURTHER BRIEFING. Signed by Magistrate Judge Nandor J. Vadas on January 11, 2012. (njvlc2, COURT STAFF) (Filed on 1/11/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EUREKA DIVISION

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GINN DOOSE,

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For the Northern District of California

United States District Court

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Plaintiff,

No. 1:11-CV-01882 NJV
ORDER REQUIRING FURTHER
BRIEFING RE COURT’S JURISDICTION

v.
(Doc. No. 20)

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WAL-MART STORES, INC.,

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Defendant.
___________________________________/

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In preparation for the upcoming hearing on Wal-Mart Stores, Inc.’s motion to dismiss, the

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Court ORDERS the parties to file a supplemental brief addressing whether the Court has jurisdiction

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in this action. Specifically, the Court notes that Plaintiff removed her own action from state court to

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this Court. See Doc. No. 1. Only defendants, however, may remove a case to federal court. See 28

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U.S.C. §§ 1441(a), 1446(a); see also In re Walker, 375 F.2d 678 (9th Cir. 1967) (“No right exists in

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favor of a person who, as plaintiff, has filed an action in state court, to cause the removal of such

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action to federal court”); Okot v. Callahan, 788 F.2d 631, 633 (9th Cir. 1986) (“Removal is available

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only to defendants”); Desouza v. Albin, 1993 U.S. Dist. LEXIS 15267 (N.D. Cal. Oct. 12, 1993)

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(dismissing removal notice and remanding to state court because plaintiff failed to meet statutory

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requirements for removal as he was not a defendant in state action). The supplemental briefs shall be

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no longer than 3 pages and shall be filed on or before January 18, 2012.

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IT IS SO ORDERED.

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Dated: January 11, 2012

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NANDOR J. VADAS
United States Magistrate Judge

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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EUREKA DIVISION

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Plaintiff,

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For the Northern District of California

United States District Court

No. 1:11-CV-1882 NJV

GINN DOOSE,

v.

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CERTIFICATE OF SERVICE

WAL-MART STORES, INC.,

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Defendant.

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I, the undersigned, hereby certify that on January 11, 2012, I served a true and correct copy

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of the attached by placing said copy in a postage paid envelope addressed to the person(s) listed

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below, by depositing said envelope in the U.S. Mail.

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Ginn Doose
P.O. Box 2310
Clearlake, CA 95422

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Dated: January 11, 2012

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/s/ France Jaffe
France Jaffe
Law Clerk to the
Honorable Nandor J. Vadas

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