Goldberg v. Cameron et al

Filing 37

ORDER REQUESTING SUPPLEMENTAL BRIEFING REGARDING 19 MOTION to Remand filed by Neil B Goldberg. Signed by Judge Ronald M. Whyte on 9/1/2015. (rmwlc2, COURT STAFF) (Filed on 9/1/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NEIL B GOLDBERG,

Case No. 5:15-cv-02556-RMW

United States District Court
Northern District of California

Plaintiff,
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v.

ORDER REQUESTING
SUPPLEMENTAL BRIEFING
REGARDING MOTION TO REMAND

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JAMES CAMERON, et al.,

Re: Dkt. No. 19

Defendants.
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Before the court is Plaintiff Neil Goldberg’s motion to remand this case to state court.

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Goldberg asserts that on May 21, 2015, he filed in state court a request for partial dismissal that

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dismissed all federal claims from his original complaint. Dkt. No. 19 at 3. He further asserts that

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on May 22, 2015, he filed an amended complaint in state court omitting all federal claims. Id.

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The parties’ briefs addressed the question of whether Goldberg’s amended complaint,

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which was filed in state court on May 22, 2015 but was never served on Defendants, requires this

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court to remand the case. The court has taken that question under submission.

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At the hearing on August 28, 2015, Goldberg’s counsel suggested that his filing of a

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Request for Dismissal on May 21 (before filing an amended complaint on May 22) provides a

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separate ground for remand. By September 8, 2015, each side shall file a supplemental brief

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addressing how, if at all, Goldberg’s filing of a Request for Dismissal of his federal claims in state

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court on May 21, 2015 affects the pending motion to remand. The briefs shall not exceed five

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5:15-cv-02556-RMW
ORDER REQUESTING SUPPLEMENTAL BRIEFING REGARDING MOTION TO REMAND

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pages.
IT IS SO ORDERED.
Dated: September 1, 2015
______________________________________
Ronald M. Whyte
United States District Judge

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United States District Court
Northern District of California

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5:15-cv-02556-RMW
ORDER REQUESTING SUPPLEMENTAL BRIEFING REGARDING MOTION TO REMAND