Ryan Kime v. Adventist Health Clearlake Hospital, Inc. et al

Filing 48

ORDER by Judge Yvonne Gonzalez Rogers granting 27 Motion to Dismiss with leave to amend ; denying 29 Motion to Strike. Amended Pleadings due by 1/12/2017. (fs, COURT STAFF) (Filed on 12/14/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RYAN KIME,

Case No. 16-cv-04502-YGR
Plaintiff,

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v.

ORDER GRANTING MOTION TO DISMISS
WITH LEAVE TO AMEND; DENYING MOTION
TO STRIKE

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United States District Court
Northern District of California

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ADVENTIST HEALTH CLEARLAKE
HOSPITAL, INC., ET AL.,

Re: Dkt. Nos. 27, 29

Defendants.

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Defendant filed its Motion to Dismiss on November 7, 2016. (Dkt. No. 27.) The matter

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came on for hearing on December 13, 2016. Having carefully considered the briefing and

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arguments submitted in this matter, and for the reasons set forth in full detail on the record on

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December 13, 2016, Defendant’s Motion to Dismiss, with respect to Counts One and Two, is

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GRANTED WITH LEAVE TO AMEND. Plaintiff shall file an amended complaint no later than

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January 12, 2017.

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Until the Court decides whether a claim exists which raises a federal question, the question

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of whether it will exercise supplemental jurisdiction, pursuant to 28 U.S. Code § 1367(c)(3), over

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the remaining state law claim remains uncertain. Accordingly, the Court DENIES the related

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Motion to Strike as premature. (Dkt. No. 29.)

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This Order terminates Dkt. Nos. 27 and 29.

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IT IS SO ORDERED.

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Dated: December 14, 2016

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______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE