McCray v. Marriott Hotel Services, Inc. et al

Filing 62

ORDER TO SHOW CAUSE AS TO WHY CASE SHOULD NOT BE REMANDED TO STATE COURT, AND SETTING CASE MANAGEMENT CONFERENCE. If any party objects, contends that remand is premature, or has a different proposal, then that party must respond to this order in writing by 10/9/2018. The Court also sets a telephonic case management for 10/17/2018 10:00 AM, if the case has not been remanded by that date. Signed by Judge Nathanael Cousins on 9/25/2018. (lmh, COURT STAFF) (Filed on 9/25/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
Northern District of California

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IAN MCCRAY,
Plaintiff,

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v.

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MARRIOTT HOTEL SERVICES, INC.,
and others,

Case No. 16-cv-02092 NC
ORDER TO SHOW CAUSE AS TO
WHY CASE SHOULD NOT BE
REMANDED TO STATE COURT,
AND SETTING CASE
MANAGEMENT CONFERENCE

Defendants.
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This case was originally filed in Santa Clara County Superior Court and removed to

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this court by the defendants. ECF 1. On June 20, 2016, this court denied plaintiff’s

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motion to remand. ECF 22. On appeal of that and another order, the Ninth Circuit Court

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of Appeal vacated the denial of the motion to remand. The Ninth Circuit directed that,

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upon remand “the district court should return this case to state court for further

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proceedings.” ECF 59, Opinion at p. 16. Today the Ninth Circuit issued its mandate.

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ECF 61.

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This Court intends to follow the instructions of the Ninth Circuit and to remand this

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case back to the Superior Court. If any party objects to that proposal, contends that

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remand is premature, or has a different proposal, then that party must respond to this order

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in writing by October 9, 2018. The Court also sets a telephonic case management
Case No. 16-cv-02092 NC

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conference for October 17, 2018, at 10:00 a.m., if the case has not been remanded by that

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date.

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IT IS SO ORDERED.
Dated: September 25, 2018

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_____________________________________
NATHANAEL M. COUSINS
United States Magistrate Judge

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United States District Court
Northern District of California

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Case No. 16-cv-02092 NC

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