Divincent v. Divincent et al

Filing 41

ORDER vacating briefing and hearing schedules on 9 11 19 Defendants' motions pending consideration of 23 Plaintiff's motion for leave to amend and remand. Signed by Judge Thelton E. Henderson on 08/26/13. (tehlc3, COURT STAFF) (Filed on 8/26/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL DIVINCENT,

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NO. C13-3360 TEH

Plaintiff,

ORDER VACATING BRIEFING
AND HEARING SCHEDULES
ON DEFENDANTS’ MOTIONS

v.
ROBERT DIVINCENT, et al.,

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Defendants.

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For the Northern District of California

United States District Court

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This matter is currently before the Court on four motions: a motion for leave to amend
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and remand filed by Plaintiff Michael DiVincent; a motion to compel arbitration or to
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dismiss filed by the E*Trade Defendants; and motions to dismiss and strike filed by
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Defendant David P. Gardner and the DiVincent Defendants. To promote efficiency and
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conserve resources, the Court now VACATES the briefing and hearing schedules on all of
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Defendants’ motions so that it can first determine whether this matter should be remanded.
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In their responses to Plaintiff’s motion, Defendants shall address whether Plaintiff has
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the right to amend his complaint pursuant to Federal Rule of Civil Procedure 15(a)(1)(B) and
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whether federal jurisdiction over the amended complaint would be proper. If, as Plaintiff
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contends, the amended complaint contains no federal questions, this Court is not inclined to
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maintain jurisdiction over this case even if removal based on the original complaint were
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proper.
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IT IS SO ORDERED.
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Dated: 08/26/13
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THELTON E. HENDERSON, JUDGE
UNITED STATES DISTRICT COURT