Belinda K. v. County of Alameda et al

Filing 24

ORDER by Judge Lucy H. Koh finding as moot 12 Administrative Motion to File Under Seal; finding as moot 13 Administrative Motion to File Under Seal; granting 19 Motion (Attachments: # 1 Certificate of Mailing) (lhklc2, COURT STAFF) (Filed on 2/27/2012)

1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

SAN JOSE DIVISION

11
12
13
14
15

BELINDA K.,
Plaintiff,
v.
COUNTY OF ALAMEDA et al.,
Defendants.

16
17

)
)
)
)
)
)
)
)
)

Case No.: 11-CV-01013-LHK
Lead Case No.: 10-CV-5797-LHK
ORDER GRANTING MOTION TO
WITHDRAW REMOVAL PETITION,
MOTIONS TO DISMISS

Plaintiff in the above-captioned case filed a complaint in the Superior Court for the County

18

of Alameda. This case was removed to federal court by Defendants and was assigned to District

19

Judge Sandra Armstrong. The case was then related and consolidated with case no. 10-cv-05797-

20

LHK. ECF No. 22. The Court determined that the two cases will proceed as one action in case

21

number 10-cv-05797-LHK. Order, ECF No. 22.

22

Prior to the Court’s order consolidating the two cases, Defendant Alameda County filed a

23

motion to withdraw the removal petition and the pending motions to dismiss in the above captioned

24

case. Defendant filed the motion to withdraw the removal petition because Plaintiff filed a notice

25

of voluntary dismissal in the state court action before the Defendants’ notice of removal was filed.

26

Administrative Motion at 2, ECF No. 19. The motion to withdraw the removal petition and

27

pending motions to dismiss is unopposed. Accordingly, Defendants’ motion is GRANTED.

28
1
Case No.: 11-CV-01013-LHK; Lead Case No.: 10-CV-05797-LHK
ORDER GRANTING MOTION TO WITHDRAW REMOVAL PETITION

1

Additionally, Alameda County has two pending administrative motions to file the motions

2
to dismiss under seal. See ECF Nos. 12, 13. Because Defendant’s motion to withdraw the motions
3
to dismiss is granted, the pending administrative motions to file under seal the motions to dismiss
4
are now MOOT. Pursuant to the Court’s April 6, 2011 Order all future filings related to this case
5
must be filed in the lead consolidated action 10-cv-5797-LHK. See ECF No. 22.
6
IT IS SO ORDERED.
7
Dated: February 27, 2012
8
9

_________________________________
LUCY H. KOH
United States District Judge

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Case No.: 11-CV-01013-LHK; Lead Case No.: 10-CV-05797-LHK
ORDER GRANTING MOTION TO WITHDRAW REMOVAL PETITION