Jones v. Sammet, et al

Filing 14

ORDER REMANDING ACTION TO STATE COURT granting 11 MOTION to Amend Complaint; Dismissal of Eight Amendment Claim; Remand back to Monterey Superior Court. ***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 7/21/17. (kcS, COURT STAFF) (Filed on 7/21/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GERARD JONES,
Plaintiff,

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ORDER REMANDING ACTION TO
STATE COURT

v.
STEVEN POSSON, et al.,

Re: Dkt. No. 11

Defendants.

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United States District Court
Northern District of California

Case No. 17-cv-01522-PJH

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This pro se prisoner’s civil rights action was originally filed in Monterey County

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Superior Court. Defendants removed the case to this court and the court screened the

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complaint and dismissed it with leave to amend. The court noted that plaintiff needed to

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provide more information to support an Eighth Amendment claim regarding his medical

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treatment.

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Plaintiff has filed a motion to amend seeking to dismiss his federal claims and

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proceed with the state law claims in Monterey County Superior Court. Plaintiff has also

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included an amended complaint that only contains state law claims. Defendants oppose

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plaintiff’s motion and seek dismissal of the action with prejudice because plaintiff

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allegedly failed to comply with the California Tort Claims Act. However, a motion to

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remand is not the appropriate time to litigate and argue dismissal for failure to comply

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with the California Tort Claims Act.

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Because the amended complaint only contains state law claims and because the

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court declines to exercise supplemental jurisdiction on the state law claims, the case will

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be remanded to Monterey County Superior Court so that plaintiff may litigate in his

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chosen forum. See Swett v. Schenk, 792 F.2d 1447, 1450 (9th Cir. 1986) (“it is within the

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district court’s discretion, once the basis for removal jurisdiction is dropped, whether to

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hear the rest of the action or remand it to the state court from which it was removed”);

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Plute v. Roadway Package System, Inc., 141 F. Supp. 2d 1005, 1007 (N.D. Cal. 2001)

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(court may remand sua sponte or on motion of a party). Defendants may file the

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appropriate motion regarding failure to comply with the California Tort Claims Act in the

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Monterey County Superior Court.

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Plaintiff’s motion (Docket No. 11) is GRANTED and the action is REMANDED to

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the Monterey County Superior Court for such other and further proceedings as that court

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deems proper. The Clerk shall close the file and send the necessary materials to the
Monterey County Superior Court for the remand. In light of the remand to state court, all

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United States District Court
Northern District of California

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pending motions are dismissed as moot. All further motions must be filed in state court

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IT IS SO ORDERED.
Dated: July 21, 2017

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PHYLLIS J. HAMILTON
United States District Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GERARD JONES,

Case No. 17-cv-01522-PJH

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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STEVEN POSSON, et al.,
Defendants.

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United States District Court
Northern District of California

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.

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That on July 21, 2017, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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Gerard Jones ID: J-54914
Correctional Training Facility
DW-307-Low
P. O. Box 689
Soledad, CA 93960-0689

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Dated: July 21, 2017

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
Kelly Collins, Deputy Clerk to the
Honorable PHYLLIS J. HAMILTON
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