Full Association Business Services, Inc. v. Grcevich et al

Filing 27

ORDER REMANDING ACTION re 26 Response to Order to Show Cause filed by Full Association Business Services, Inc.. Signed by Judge Alsup on January 17, 2012. (whalc1, COURT STAFF) (Filed on 1/17/2012)

Download PDF
1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 9 FULL ASSOCIATION BUSINESS SERVICES, INC dba FABS, 11 For the Northern District of California United States District Court 10 12 No. C 11-05169 WHA Plaintiff, v. ORDER REMANDING ACTION 15 PATRICIA GRCEVICH, DNJ PROPERTY MANAGEMENT SERVICES, INC. dba COMMON INTEREST MANAGEMENT SERVICES, DAN NELSON, AND DOES 1 to 100 inclusive, 16 Defendants. 13 14 / 17 18 In October 2011, this trade secrets action was removed from Contra Costa Superior Court 19 based on plaintiff’s sole federal claim for relief: RICO violation. Plaintiff recently amended the 20 complaint to removed its RICO claim. In the operative complaint, all claims for relief are 21 pursuant to California law. The parties are all residents of California. An order to show cause 22 why the action should not be remanded was issued (Dkt. No. 24). Plaintiff responded by agreeing 23 that the case should be remanded. 24 Section 1447(c), which applies to cases removed from state court, provides that “[i]f at 25 any time before final judgment it appears that the district court lacks subject matter jurisdiction, 26 the case shall be remanded.” A district court has discretion to exercise supplemental jurisdiction 27 over remaining state law claims after a sole federal claim is dismissed. Albingia Versicherungs 28 A.G. v. Schenker Intern. Inc., 344 F.3d 931, 938 (9th Cir. 2003). 1 In this action, judicial economy weighs against exercising supplemental jurisdiction. The 2 action was recently removed, no lengthy motions have been filed, and no substantive orders have 3 been issued. Thus, this action shall be remanded. The clerk shall close the file. 4 5 IT IS SO ORDERED. 6 7 Dated: January 17, 2012. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?