Alatraqchi et al v. Uber Technologies,Inc.

Filing 32

ORDER TO DEFENDANTS TO SHOW CAUSE. Show Cause Response due by 10/11/2013. Signed by Magistrate Judge Jacqueline Scott Corley on 10/4/2013. (Attachments: # 1 Certificate of Service)(ahm, COURT STAFF) (Filed on 10/4/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Northern District of California

United States District Court

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RASHID ALATRAQCHI,
Plaintiff,

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Case No.: C-13-03156 JSC
ORDER TO DEFENDANTS TO SHOW
CAUSE

v.

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UBER TECHNOLOGIES,INC., et al.,
Defendants.

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Defendants removed this case to federal court based on federal question jurisdiction. At the

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hearing on Defendants’ motion to dismiss Plaintiff’s Complaint, Plaintiff represented that he did not

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intend to allege any federal claims and that any amended complaint would plead state law claims

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only. The Court concluded that Plaintiff had pled a federal claim and therefore removal was proper

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and granted Defendant’s motion as to all claims. (Dkt. No. 27.) All claims were dismissed with

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leave to amend, except for Plaintiff’s first and second claims against defendant Scott Munro, which

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were dismissed with prejudice. Plaintiff subsequently filed his Amended Complaint, which does not

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appear to contain a federal claim, only state law claims.

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Given the absence of any federal claim in the Amended Complaint, the Court hereby

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ORDERS Defendants to SHOW CAUSE as to why this action should not be remanded to state court

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pursuant to 28 U.S.C. § 1367(c)(3). See Williams v. Costco Wholesale Corp., 471 F.3d 975, 977 (9th

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Cir. 2006) (“Dismissal of the federal claim . . . ordinarily . . . authorize[s] the district court to remand

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the pendent state law claims”); see also United Mine Workers of America v. Gibbs, 383 U.S. 715, 726

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(1966) (“Certainly, if the federal claims are dismissed before trial, even though not insubstantial in a

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jurisdictional sense, the state claims should be dismissed as well”). Defendants shall file their

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response to this Order no later than October 11, 2013.

portions of Plaintiff’s Amended Complaint and asking for guidance. (Dkt. No. 31.) Civil Local Rule

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Northern District of California

In addition, the Court is in receipt of Defendants’ letter requesting that the Court strike

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United States District Court

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7-1(a) provides that “[a]ny written request to the Court for an order must be presented by one of the []

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means [listed one through six.]” A letter to the Court is not one of the listed means. Moreover,

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Plaintiff’s letter includes a request to strike claims from the Amended Complaint because they still

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fail to state a claim. However, neither a party on a properly noticed motion nor a court acting sua

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sponte may strike claims pursuant to Federal Rule of Civil Procedure 12(f) because the amended

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claims remain deficient under Federal Rule of Civil Procedure 12(b)(6). See Yamamoto v. Omiya,

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564 F.2d 1319, 1327 (9th Cir. 1977) (“Rule 12(f) is neither an authorized nor a proper way to procure

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the dismissal of all or a part of a complaint.”); see also Whittlestone, Inc. v. Handi-Craft Co., 618 F.3d

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970, 971 (9th Cir. 2010) (holding that since rulings on Rule 12(f) motions are reviewed for abuse of

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discretion, whereas rulings on Rule 12(b)(6) motion are reviewed de novo, it does not make sense to

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use Rule 12(f) to dismiss a pleading).
Thus, to the extent Defendants are asking the Court to strike claims from the Amended

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Complaint, Defendants’ requests are accordingly DENIED without prejudice to filing a properly

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noticed motion pursuant to Local Rule 7-1 if the case remains in this Court following the resolution of

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the Order to Show Cause.

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//

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IT IS SO ORDERED.
Dated: October 4, 2013
_________________________________
JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE

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Northern District of California

United States District Court

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