Lawson v. Chabrowski

Filing 26

NOTICE RE RECENT FILINGS BY DEFENDANT. Signed by Judge William Alsup on 5/14/2013. (whasec, COURT STAFF) (Filed on 5/14/2013)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
COURTNEY LAWSON,
No. C 13-01130 WHA

11
For the Northern District of California

United States District Court

10

12
13
14

Plaintiff,
v.

Defendant.
/

15
16

NOTICE RE RECENT
FILINGS BY DEFENDANT

DARIUS (DEREK) CHABROWSKI,

Plaintiff timely filed a motion to remand this action on March 21, 2013 (Dkt. No. 3).

17

Defendant failed to respond. Defendant was ordered to show cause by April 23 why the action

18

should not be remanded, and failed to respond (Dkt. No. 19). He was given until April 30 to

19

answer or otherwise respond to the complaint, which he also failed to do (ibid.). By order dated

20

May 2, this action was remanded to the Superior Court for the County of San Mateo (Dkt.

21

No. 20). That order found that defendant improperly removed this action. Defendant was given

22

ample notice of the motion to remand and was provided lenience regarding due dates to respond,

23

but chose not to do so.

24

After the order remanding this action was entered, defendant filed a motion to strike

25

plaintiff’s motion to remand, a motion for a “more definitive statement,” a motion to

26

consolidate the case with Chabrowski v. Lawson, No. C 12-6339 (which has been dismissed

27

by Judge Richard Seeborg), and a motion to dismiss pursuant to Rule 12(b)(1) or 12(b)(6)

28

(Dkt. Nos. 22–24). The May 2 order divested this Court of jurisdiction over this matter.

1

Seedman v. U.S. Dist. Court for Cent. Dist. of Cal., 837 F.2d 413, 414 (9th Cir. 1988).

2

Defendant’s recently filed motions are DENIED AS

MOOT.

3

Defendant is on notice that no further filings are to be made with this Court.

4

Defendant should proceed to litigate the merits of this action in the Superior Court for the

5

County of San Mateo.

6
7

IT IS SO ORDERED.

8
9

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

11
For the Northern District of California

United States District Court

10

Dated: May 14, 2013.

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2