Enwright et al v. Jon Miller Realty, Inc. et al

Filing 11

ORDER: (1) Granting Joint Motion to Remand Removed Action [Doc. No. 10 ]; and (2) Denying as Moot Defendants' Motion to Dismiss and Motion to Strike [Doc. Nos. 2 , 3 ]. The Clerk is directed to close the case. It is so Ordered. (Certified copy mailed to San Diego County Superior Court). Signed by Judge Marilyn L. Huff on 2/7/2018. (jjg)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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EDWARD ENWRIGHT, an individual;
and MELISSA ENWRIGHT, an
individual,

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Case No.: 3: 18-cv-0072-H-NLS
ORDER:

Plaintiffs,

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v.

(1) GRANTING JOINT MOTION TO
REMAND REMOVED ACTION; and

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JON MILLER REALTY, INC., a
California Corporation; et al.,

[Doc. No. 10]

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Defendants.

(2) DENYING AS MOOT
DEFENDANTS’ MOTION TO
DISMISS AND MOTION TO STRIKE

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[Doc. Nos. 2, 3]

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On January 11, 2018, Defendants removed this action to federal court. (Doc. No. 1.)
On January 18, 2018, Defendants Kathleen Schaeffer and Paul Schaeffer filed a motion to
dismiss and a motion to strike. (Doc. Nos. 2, 3.) On February 2, 2018, the parties filed a
joint motion to remand removed action to San Diego County Superior Court. (Doc. No.
10.) The parties have agreed that Plaintiffs will dismiss their federal Fair Housing Act
claims without prejudice and that Defendants will stipulate to remand. (Id.) The parties

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also agree that, if Plaintiffs re-allege a cause of action arising out of the Fair Housing Act,

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this Court will have original jurisdiction. (Id.) Exercising its sound discretion, the Court

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GRANTS the motion to remand. Additionally, the Court DENIES as moot the motion to

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dismiss and the motion to strike. (Doc. Nos. 2, 3.) The Clerk is directed to close the case.

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IT IS SO ORDERED.
DATED: February 7, 2018
MARILYN L. HUFF, District Judge
UNITED STATES DISTRICT COURT

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