Dozier et al v. Sutter Health et al

Filing 52

ORDER by Judge Phyllis J. Hamilton denying 51 Stipulation For Remand. (pjhlc2, COURT STAFF) (Filed on 10/20/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GLENN DOZIER, et al.,

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Case No. 17-cv-03652-PJH

Plaintiffs,

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v.

ORDER RE STIPULATION FOR
REMAND

SUTTER EAST BAY MEDICAL
FOUNDATION, et al.,

Re: Dkt. No. 51

United States District Court
Northern District of California

Defendants.
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The court is in receipt of the parties’ joint stipulation to remand the above

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captioned case to Alameda County Superior Court. A district court is empowered to

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remand a case or claims to a state court only where that case was removed from state

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court pursuant to federal statute. See 28 U.S.C. § 1441 et seq. This case, however, was

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never removed from state court to federal court. Plaintiffs filed the complaint in this court

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on June 26, 2017. The court cannot send a case back to state court that never originated

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there. The court therefore DENIES the stipulation to remand.

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Barring any statute of limitations or similar issues, if the parties would like to

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proceed in Alameda County Superior Court, plaintiffs may voluntarily dismiss this case

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without prejudice.

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IT IS SO ORDERED.
Dated: October 20, 2017
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PHYLLIS J. HAMILTON
United States District Judge