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)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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FULL ASSOCIATION BUSINESS
SERVICES, INC dba FABS,

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For the Northern District of California

United States District Court

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No. C 11-05169 WHA

Plaintiff,
v.

ORDER REMANDING ACTION

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PATRICIA GRCEVICH, DNJ
PROPERTY MANAGEMENT
SERVICES, INC. dba COMMON
INTEREST MANAGEMENT SERVICES,
DAN NELSON, AND DOES 1 to 100
inclusive,

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Defendants.

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/

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In October 2011, this trade secrets action was removed from Contra Costa Superior Court

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based on plaintiff’s sole federal claim for relief: RICO violation. Plaintiff recently amended the

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complaint to removed its RICO claim. In the operative complaint, all claims for relief are

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pursuant to California law. The parties are all residents of California. An order to show cause

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why the action should not be remanded was issued (Dkt. No. 24). Plaintiff responded by agreeing

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that the case should be remanded.

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Section 1447(c), which applies to cases removed from state court, provides that “[i]f at

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any time before final judgment it appears that the district court lacks subject matter jurisdiction,

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the case shall be remanded.” A district court has discretion to exercise supplemental jurisdiction

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over remaining state law claims after a sole federal claim is dismissed. Albingia Versicherungs

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A.G. v. Schenker Intern. Inc., 344 F.3d 931, 938 (9th Cir. 2003).

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In this action, judicial economy weighs against exercising supplemental jurisdiction. The

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action was recently removed, no lengthy motions have been filed, and no substantive orders have

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been issued. Thus, this action shall be remanded. The clerk shall close the file.

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IT IS SO ORDERED.

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Dated: January 17, 2012.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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