Hall v. City of Fremont et al

Filing 70

ORDER REQUESTING REASSIGNMENT. Signed by Judge Richard Seeborg on 11/22/13. (cl, COURT STAFF) (Filed on 11/22/2013)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 SAN FRANCISCO DIVISION 10 For the Northern District of California United States District Court 9 11 JENNA HALL, Plaintiff, 12 13 14 15 16 No. C 09-01629 JL ORDER REQUESTING REASSIGNMENT v. CITY OF FREEMONT, JEREMY MISKELLA, and DOES 1 through 50, Defendants. ___________________________________/ 17 18 19 Plaintiff filed this action in state court in 2009, asserting various claims for relief against the City of Freemont and members of its police force. Defendants removed to federal court, reasoning 20 21 that the court has original jurisdiction over Hall’s claim under 42 U.S.C. § 1983. In 2011, the court 22 granted summary judgment on all of Hall’s claims. On appeal, the Ninth Circuit Court of Appeals 23 affirmed in part and reversed in part. While affirming the district court’s grant of summary 24 judgment on the § 1983 claim, the Ninth Circuit held that summary judgment was improper on 25 Hall’s state law claims for assault, battery, intentional infliction of emotional distress, false arrest, 26 27 and false imprisonment. 28 NO. C 09-01629 1 In light of the Ninth Circuit’s decision, plaintiff seeks to remand this action to state court. 2 Due to the retirement of the previously assigned judge, this matter shall be reassigned to a randomly 3 selected judicial officer. Plaintiff shall renotice her motion upon reassignment. 4 5 IT IS SO ORDERED. 6 7 8 RICHARD SEEBORG UNITED STATES DISTRICT JUDGE 10 For the Northern District of California United States District Court 9 Dated: 11/22/13 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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