Nutall v. City and County of San Francisco et al

Filing 40

ORDER by Magistrate Judge Sallie Kim granting 39 Stipulation Remanding Case to Superior Court. (sklc2S, COURT STAFF) (Filed on 12/10/2018)

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DENNIS J. HERRERA, State Bar #139669
City Attorney
CHERYL ADAMS, State Bar #164194
Chief Trial Deputy
BRIAN P. CEBALLO, State Bar #243828
Deputy City Attorney
Fox Plaza
1390 Market Street, Sixth Floor
San Francisco, California 94102-5408
Telephone:
[phone]
Facsimile:
[phone]
E-Mail:
[e-mail]
Attorneys for Defendants
CITY AND COUNTY OF SAN FRANCISCO 1,
PAUL HENDERSON, BARBARA A. GARCIA
AND MARY IVAS

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TANESH NUTALL,

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Plaintiff,

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vs.

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CITY AND COUNTY OF SAN
FRANCISCO, SAN FRANCISCO
DEPARTMENT OF PUBLIC HEALTH, SAN
FRANCISCO DEPARTMENT OF POLICE
ACCOUNTABILITY, PAUL HENDERSON,
in his official capacity as Interim Executive
Director of the San Francisco Department of
Police Accountability, BARBARA A.
GARCIA in her official capacity as Director of
the San Francisco Department of Public
Health, DOES 1 through 10 inclusive, and
MARY IVAS, an individual,

Case No. 18-cv-1258 SK
STIPULATION AND [PROPOSED] ORDER
FOR REMAND
Trial Date:

February 11, 2020

Defendants.

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Erroneously sued as San Francisco Department of Public Health and San Francisco
Department of Police Accountability. San Francisco Department of Public Health and San Francisco
Department of Police Accountability are departments of the City and County of San Francisco, are not
properly joined defendants because they do not have power to sue or be sued, and are not an
independent public corporation. (See Bauer v. County of Ventura, 45 Cal.2d 276, 288-289 (1955);
compare Gov. Code, §§ 23000, 23004(a).)
Stip and Order to Remand
Nutall v. CCSF, et al; USDC No. 18-cv-1258 SK

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RECITALS

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1.

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On February 7, 2018, Plaintiff Department of Fair Employment and Housing (“DFEH”)

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on behalf of Tanesh Nutall (real party in interest) filed a complaint against Defendants City and

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County of San Francisco – Department of Police Accountability, and Does 1 through 10, in the

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Superior Court in and for the City and County of San Francisco, Case No. CGC-18-564162.
2.

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On February 16, 2018, Plaintiff Tanesh Nutall filed a complaint against Defendants

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City and County of San Francisco, San Francisco Department of Public Health, San Francisco

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Department of Police Accountability, Paul Henderson, Barbara A. Garcia, and Mary Ivas, in the

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Superior Court in and for the City and County of San Francisco, Case No. CGC-18-564404.
3.

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On February 26, 2018, Defendants City and County of San Francisco, Paul Henderson,

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Barbara A. Garcia, and Mary Ivas (“Defendants”) removed this case to federal court pursuant to 28

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U.S.C. §§ 1331 and 1441, on grounds that the Complaint stated federal claims pursuant to 28 U.S.C.

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§1983 (for violation of Plaintiffs' federal constitutional rights) and Monell v. Department of Social

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Services of the City of New York, 436 U.S. 658 (1978).
5.

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Judicial and economic efficiency would be best served by remanding this case to state

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court, for consolidation and/or relation to the DFEH case (CGC-18-564162). Accordingly, following

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meet and confer on the matter, the parties agree that this action should be remanded to state court, and

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ask the Court to execute the following order remanding the matter to state court pursuant to 28 U.S.C.

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§1447.
STIPULATION

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For the foregoing reasons, the parties, through their undersigned counsel, stipulate and agree to

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entry of an order remanding this matter to the Superior Court of the State of California for the County

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of San Francisco.

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Stip and Order to Remand
Nutall v. CCSF, et al; USDC No. 18-cv-1258 SK

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Dated: December 7, 2018

DENNIS J. HERRERA
City Attorney
CHERYL ADAMS
Chief Trial Deputy
BRIAN P. CEBALLO
Deputy City Attorney

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By:

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/s/ Brian P. Ceballo
BRIAN P. CEBALLO
Attorneys for Defendants
CITY AND COUNTY OF SAN FRANCISCO, PAUL
HENDERSON, BARBARA A. GARCIA AND MARY
IVAS

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Dated: December 7, 2018

TRANSGENDER LAW CENTER

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By:

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/s/ Shawn T. Meerkamper

SHAWN THOMAS MEERKAMPER
Attorneys for Plaintiff
TANESH NUTALL

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Dated: December 7, 2018

MORA EMPLOYMENT LAW
By:

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/s/ Beth W. Mora
BETH W. MORA
Attorneys for Plaintiff
TANESH NUTALL

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Stip and Order to Remand
Nutall v. CCSF, et al; USDC No. 18-cv-1258 SK

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ORDER

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GOOD CAUSE appearing therefore, it is HEREBY ORDERED pursuant to 28 U.S.C. §1447

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that this action is remanded to the Superior Court of the State of California for the County of San
Francisco. The clerk is instructed to close the file.
IT IS SO ORDERED.

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Dated:

Dec. 10, 2018

THE HONORABLE SALLIE KIM
UNITED STATES MAGISTRATE JUDGE

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Stip and Order to Remand
Nutall v. CCSF, et al; USDC No. 18-cv-1258 SK

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