Davis v. Eastfield Ming Quong, Inc
Filing
34
ORDER DISMISSING CASE. Signed by Judge Ronald M. Whyte on 12/10/2008. (rmwlc1, COURT STAFF) (Filed on 12/10/2008)
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1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
ORDER GRANTING MOTION FOR VOLUNTARY DISMISSAL WITHOUT PREJUDICE No. C-08-00769 RMW TSF
E-FILED on
12/10/2008
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
BRENDA DAVIS, Plaintiff, v. EASTFIELD MING QUONG, INC., and Does One through Ten, Defendants.
No. C-08-00769 RMW ORDER GRANTING MOTION FOR VOLUNTARY DISMISSAL WITHOUT PREJUDICE [Re Docket No. 27]
By stipulation, plaintiff Brenda Davis has filed a first amended complaint omitting any federal claims. There being no diversity jurisdiction, the only basis for continuing this case in federal court is the court's voluntary exercise of supplemental jurisdiction. See 28 U.S.C. § 1367. Davis now moves to voluntarily dismiss her case without prejudice to permit her to advance her claims as part of a class in a state court action. Defendant Eastfield Ming Quong, Inc. has filed a statement of non-opposition. Docket No. 31 (Oct. 31, 2008). Accordingly, the court grants the motion to dismiss pursuant to 28 U.S.C. § 1367(c) without prejudice. The clerk shall close the file.
DATED:
12/10/2008
RONALD M. WHYTE United States District Judge
1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Notice of this document has been electronically sent to: Counsel for Plaintiff: James Mitchel Sitkin John J. Dacey Counsel for Defendant: Margaret Hart Edwards MHEdwards@littler.com jsitkin@daceysitkinlaw.com jdacey@daceysitkinlaw.com
Counsel are responsible for distributing copies of this document to co-counsel that have not registered for e-filing under the court's CM/ECF program.
Dated:
12/10/2008
TSF Chambers of Judge Whyte
ORDER GRANTING MOTION FOR VOLUNTARY DISMISSAL WITHOUT PREJUDICE No. C-08-00769 RMW TSF 2
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