C. v. Contra Costa County Office of Education

Filing 9

ORDER RE LETTERS Signed by Judge Maria-Elena James on February 11, 2014. (mejlc3, COURT STAFF) (Filed on 2/11/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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YOHONIA M. MARTIN,

Case No. 12-cv-00244-MEJ

Plaintiff,
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ORDER RE: LETTERS

v.

Re: Dkt. Nos. 47, 48

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WELLS FARGO BANK,
Defendant.

United States District Court
Northern District of California

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This case was dismissed pursuant to settlement agreement on February 11, 2014. Dkt. No.

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44. Thereafter, Plaintiff Yohonia Martin filed a new case on January 6, 2014, alleging that

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Defendant Wells Fargo has failed to comply with the terms of the parties’ settlement agreement.

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Martin v. Wells Fargo Bank, C 14-81 MEJ. On January 15, 2014, the Court dismissed the

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Complaint in 14-81 without prejudice to filing a complaint in state court. In that Order, the Court

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explained that it did not retain jurisdiction over the settlement agreement when it dismissed

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Plaintiff’s previous case nearly one year ago. Thus, the Court found that it is without jurisdiction

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to enforce the settlement agreement and any claim Plaintiff may have must be brought in state

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court as a breach of contract claim.

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Plaintiff has now filed two letters in both this case and the 14-81 action. Dkt. Nos. 47, 48.

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In the first letter, Plaintiff seeks to appeal the decision, although it is not clear if she seeks to

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appeal in one or both cases. Dkt. No. 47. As any appeal must be brought before the Ninth Circuit

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Court of Appeals and not this Court, Plaintiff’s request to appeal is DENIED WITHOUT

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PREJUDICE to filing in the correct court, if such an appeal is not time-barred.

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In the other letter, Plaintiff seeks to subpoena documents from “The Company @ Cash
Unclaimed.” Dkt. No. 48. However, as both cases have already been dismissed, Plaintiff’s

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request to subpoena documents is DENIED AS MOOT.
IT IS SO ORDERED.

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Dated: February 11, 2014
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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United States District Court
Northern District of California

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