Kia v. The California Public Employees' Retirement System et al

Filing 26

ORDER DENYING AS MOOT MOTION TO DISMISS FIRST AMENDED COMPLAINT AND ORDERING PLAINTIFF TO SHOW CAUSE RE SUBJECT MATTER JURISDICTION. Signed by Judge JEFFREY S. WHITE on 2/12/13`. (jjoS, COURT STAFF) (Filed on 2/12/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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LAILA KIA,

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For the Northern District of California

United States District Court

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No. C 12-05317 JSW
ORDER DENYING AS MOOT
MOTION TO DISMISS FIRST
AMENDED COMPLAINT AND
ORDERING PLAINTIFF TO
SHOW CAUSE RE SUBJECT
MATTER JURISDICTION

Plaintiff,
v.
THE CALIFORNIA PUBLIC EMPLOYEES’
RETIREMENT SYSTEM, and RAHIM KIA,

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(Docket No. 14)

Defendants.
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On January 22, 2013, Defendant, the California Public Employees’ Retirement System

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(“CALPERS”) filed a motion to dismiss Plaintiffs first, second and eighth claims for relief,

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which is scheduled for hearing on March 22, 2013. After the briefing on the motion was

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complete, Plaintiff filed a Notice of Voluntary Dismissal, in which she dismisses all pending

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claims against CALPERS. A plaintiff may voluntarily dismiss an action without leave of court

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“before the opposing party serves either an answer or a motion for summary judgment.” Fed.

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R. Civ. P. 41(a)(1)(A)(i). Accordingly, the Court DENIES AS MOOT CALPERS’ motion to

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dismiss, and it VACATES the hearing scheduled for March 22, 2013.

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Because Plaintiff has dismissed CALPERS she also has dismissed the only federal

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claim. The remaining claims all arise under state law, and it is not evident from the face of the

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First Amended Complaint that the parties are completely diverse.

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Accordingly, Plaintiff is HEREBY ORDERED TO SHOW CAUSE why this case

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should not be dismissed for lack of subject matter jurisdiction. Plaintiff’s response to this Order

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to Show Cause shall be due by no later than March 1, 2013.
IT IS SO ORDERED.

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Dated: February 12, 2013
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JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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