Castro et al v. Calicraft Distributors, LLC et al

Filing 46

ORDER RE MOTION TO DISMISS. Case Management Conference set for 8/20/2015 at 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 7/17/15. (cl, COURT STAFF) (Filed on 7/17/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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HEATHER CASTRO, et al.,

Case No. 14-cv-05226-RS

Plaintiffs,
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United States District Court
Northern District of California

v.

ORDER RE MOTION TO DISMISS

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CALICRAFT DISTRIBUTORS, LLC, et al.,
Defendants.

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Defendants’ pending motion to dismiss the First Amended Complaint challenged not only

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the adequacy of the federal claims brought by plaintiff Jean-Philippe Castro, but also the propriety

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of plaintiff Heather Castro’s assertion of state law claims in this action. At the time plaintiffs filed

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their opposition, an action involving the same controversy was pending in the Central District of

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California. That action originally was filed by defendants against the Castros in Los Angeles

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Superior Court, and had been removed to federal court by the Castros.
In opposing dismissal of Heather Castro from this suit, plaintiffs pointed to certain orders

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issued in the Central District action, which they contended demonstrated it would not be remanded

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to state court. Plaintiffs argued that the various claims should all be resolved in one forum, and

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were seeking transfer of the Central District action and its consolidation herein. Since that time,

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however, the Central District remanded that action to state court, and denied the transfer motion as

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moot.

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It is unclear whether plaintiffs contend there is any basis for the state law claims of Heather

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Castro to remain in this action, given these developments. Accordingly, no later than July 27,

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2015, plaintiffs shall either dismiss Heather Castro’s claims in this action without prejudice, or

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shall file a brief not to exceed five pages setting forth their arguments as to why maintaining those

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claims in this forum is appropriate. Within one week of the filing of any such brief, defendants

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may file a response, also not to exceed five pages. Upon the dismissal of Heather Castro or the

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completion of any such further briefing, the motion to dismiss the two federal claims for relief

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brought by Jean-Philippe Castro, as well as his portion of the third claim for relief, will be

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resubmitted for decision. The Case Management Conference is hereby continued to August 20,

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2015.

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United States District Court
Northern District of California

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IT IS SO ORDERED.

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Dated: July 17, 2015
______________________________________
RICHARD SEEBORG
United States District Judge

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CASE NO.

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14-cv-05226-RS