Joshua Claypole et al v. County of San Mateo et al

Filing 65

ORDER DENYING 32 CHOMP'S MOTION TO DISMISS. Signed by Judge Beth Labson Freeman on 11/19/2014. (blflc1S, COURT STAFF) (Filed on 11/19/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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JOSHUA CLAYPOLE, et al.,

Case No. 14-cv-02730-BLF

Plaintiffs,
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v.

ORDER DENYING CHOMP'S MOTION
TO DISMISS

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COUNTY OF SAN MATEO, et al.,

[Re: ECF 32]

United States District Court
Northern District of California

Defendants.
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A motion to dismiss for lack of subject matter jurisdiction brought by Community Hospital

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of Monterey Peninsula (“CHOMP”) was heard on November 19, 2014. The Court has considered

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the parties’ briefing and the oral argument presented at the hearing. Under the applicable law the

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parties agree that determination of this matter is within the sound discretion of the Court. Having

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reviewed the record, the Court finds that the allegations against CHOMP arise out of the same

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nucleus of facts as the remainder of the action and that there are no applicable exceptions to the

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exercise of supplemental jurisdiction under 28 U.S.C. § 1367(c). For the reasons stated on the

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record, the motion is DENIED. CHOMP shall file an answer within fourteen days.

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IT IS SO ORDERED.

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Dated: November 19, 2014
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BETH LABSON FREEMAN
United States District Judge