Synergy Project Management, Inc. v. City and County of San Francisco et al

Filing 181

ORDER REMANDING CASE. Signed by Judge Jon S. Tigar on August 4, 2021. (mllS, COURT STAFF) (Filed on 8/4/2021)

Case 4:17-cv-06763-JST Document 181 Filed 08/04/21 Page 1 of 2

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SYNERGY PROJECT MANAGEMENT,
INC.,

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Plaintiff,

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United States District Court
Northern District of California

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v.

Case No. 17-cv-06763-JST
ORDER REMANDING CASE
Re: ECF No. 179

CITY AND COUNTY OF SAN
FRANCISCO, et al.,
Defendants.

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On June 7, 2021, the Ninth Circuit affirmed in part and vacated in part the Court’s orders

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granting Defendants’ motions to dismiss, denying leave to amend, and entering final judgment.

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Synergy Project Mgmt., Inc. v. City and County of San Francisco, No. 19-17558, -- Fed. Appx --,

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2021 WL 2311946, at *1 (9th Cir. June 7, 2021). The Ninth Circuit affirmed this Court’s

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dismissal of Plaintiff Synergy Project Management, Inc.’s federal claims without leave to amend.

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Id. at *1-2. As to Synergy’s state law intentional interference claim, the Ninth Circuit

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acknowledged an intervening California court decision under which Defendant City and County of

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San Francisco “could potentially be liable under a tortious interference theory,” although “only if

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Synergy alleged an independently wrongful act” by the City. Id. at *1. It was left to this Court’s

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discretion “to either address this issue on remand or, because no federal claims will remain, to

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remand the claim to state court for resolution.” Id. (citing Carnegie-Mellon Univ. v. Cohill, 484

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U.S. 343, 357 (1988); 28 U.S.C. § 1367(c)(3)). Synergy filed a petition for rehearing and

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rehearing en banc, which the Ninth Circuit denied, and the mandate issued on July 28, 2021. ECF

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No. 179.

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Since no federal claims in this case remain, the Court declines to exercise jurisdiction over

Case 4:17-cv-06763-JST Document 181 Filed 08/04/21 Page 2 of 2

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Synergy’s state law intentional interference claim. The case is hereby remanded to San Francisco

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County Superior Court.

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IT IS SO ORDERED.
Dated: August 4, 2021
______________________________________
JON S. TIGAR
United States District Judge

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United States District Court
Northern District of California

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