Liberty et al v. State Bar of California

Filing 30

ORDER REMANDING CASE. Signed by Judge Thelton E. Henderson on 02/16/16. (tehlc3, COURT STAFF) (Filed on 2/16/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LOUIS A. LIBERTY,

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Plaintiff,
v.

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Case No. 16-cv-00022-TEH
ORDER REMANDING CASE

STATE BAR OF CALIFORNIA,
Defendant.

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United States District Court
Northern District of California

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After Louis Liberty removed this case, a disciplinary action against him in the State

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Bar Court of California, this Court concluded that it lacked jurisdiction and issued an order

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to show cause as to why the case should not be remanded. The parties filed timely

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responses to the order to show cause. After reviewing the parties’ written arguments, the

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Court finds oral argument to be unnecessary.

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Liberty does not oppose remand of the disciplinary action against him.

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Accordingly, IT IS HEREBY ORDERED that this case is remanded to the State Bar Court

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of California without objection.

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Liberty argues that this Court must retain jurisdiction over his counterclaim and

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crossclaim because they are based in part on federal law. However, he cites no authority

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for this proposition, and the Court declines to exercise jurisdiction over the counterclaim

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and crossclaim/third-party complaint.1 See, e.g., Certain Underwriters at Lloyd’s London

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v. Art Crating, Inc., Case No. No. 12-CV-5078 (NGG) (VMS), 2014 WL 123488, at *19

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(E.D.N.Y. Jan. 10, 2014) (noting cases where courts found retention of federal

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counterclaims to be discretionary and where courts “declined to exercise jurisdiction over

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Liberty concedes that his crossclaim should have been filed as a third-party
complaint because it is not brought against co-parties.

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and remanded third-party claims that could implicate original jurisdiction, once the main

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action was remanded for lack of subject matter jurisdiction”).

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IT IS SO ORDERED.

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Dated: 02/16/16

_____________________________________
THELTON E. HENDERSON
United States District Judge

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United States District Court
Northern District of California

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