Rickman v. NDEX West, L.L.C. et al

Filing 23

Order by Magistrate Judge Donna M. Ryu VACATING Hearing on 7 Plaintiff's Motion for Preliminary Injunction 7 and DENYING 22 Plaintiff's Motion to Remand.(dmrlc1, COURT STAFF) (Filed on 2/8/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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CHANTAL RICKMAN,

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Plaintiff,
v.

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NDEX WEST LLC, et al.,

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No. C-12-00146 DMR
ORDER VACATING HEARING ON
PLAINTIFF’S MOTION FOR
PRELIMINARY INJUNCTION AND
DENYING PLAINTIFF’S MOTION TO
REMAND

Defendants.
___________________________________/

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On January 17, 2012, Plaintiff Chantal Rickman filed a Motion for Preliminary Injunction,

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and noticed the motion for hearing on February 23, 2012. [Docket No. 7.] On February 7, 2012,

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Plaintiff filed a Motion to Remand the case to state court in which she stated she was

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contemporaneously filing a motion to amend her complaint and a proposed amended complaint.

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[Docket No. 22.] Plaintiff filed neither. In her reply brief on the Motion for Preliminary Injunction,

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also filed on February 7, 2012, Plaintiff now appears to request that the court continue the February

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23, 2012 hearing on the Motion for Preliminary Injunction. [Docket No. 21.] Given that Plaintiff is

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now arguing that this case should be remanded to state court, the February 23, 2012 hearing on her

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Motion for Preliminary Injunction is VACATED.

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In her Motion to Remand, Plaintiff argues that the requirements of diversity jurisdiction are

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not satisfied, and thus this court lacks subject matter jurisdiction over this matter. The court

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assumes that the amended complaint forms the basis for Plaintiff’s arguments regarding diversity

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jurisdiction, but as no amended complaint has been filed, the court cannot consider the Motion to

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Remand unless and until the amended complaint has been properly filed. Accordingly, Plaintiff’s

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Motion to Remand is DENIED as premature.

RT

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. Ryu
onna M
DONNAge D
Jud M. RYU

NO

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Dated: February 8, 2012

United States Magistrate Judge

ER

For the Northern District of California

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United States District Court

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IT IS SO ORDERED.

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