Varelas et al v. Cardenas et al

Filing 43

ORDER VACATING CASE MANAGEMENT CONFERENCE; REMANDING CASE. The court declines to exercise continuing jurisdiction. Accordingly, the remainder of this case is REMANDED to Santa Clara County Superior Court. All hearings and deadlines, including the Case Management Conference scheduled for 8/16/2013, are VACATED. The Clerk shall close this file. Signed by Judge Edward J. Davila on 8/15/2013. (ejdlc1, COURT STAFF) (Filed on 8/15/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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CASE NO. 5:11-cv-06181 EJD

GLORIA VARELAS, et. al.,

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ORDER VACATING CASE
MANAGEMENT CONFERENCE;
REMANDING CASE

Plaintiff(s),
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v.
JOSE ANTONIO HERNANDEZ, JR., et.
al.,

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Defendant(s).

For the Northern District of California

United States District Court

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On December 7, 2011, Defendants California Highway Patrol, Amber Cardenas and Ryan

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Nelson (the “State Defendants”) removed the above-entitled case from Santa Clara County Superior

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Court this court pursuant to 28 U.S.C. § 1331 based on two causes of action contained in Plaintiffs’

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Complaint, each of which asserted violations of the 14th Amendment and 42 U.S.C. § 1983. See

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Docket Item No. 1. These causes of action have since been dismissed, along with the State

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Defendants. See Docket Item No. 39.

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This action now presents only state law claims against the one remaining defendant, Jose

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Antonio Hernandez, Jr.. The court declines to exercise continuing jurisdiction pursuant to 28 U.S.C.

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§ 1367(c)(3). Accordingly, the remainder of this case is REMANDED to Santa Clara County

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Superior Court. All hearings and deadlines, including the Case Management Conference scheduled

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for August 16, 2013, are VACATED. The Clerk shall close this file.

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IT IS SO ORDERED.

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Dated: August 15, 2013
EDWARD J. DAVILA
United States District Judge

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CASE NO. 5:11-cv-06181 EJD
ORDER VACATING CASE MANAGEMENT CONFERENCE; REMANDING CASE