Reno Contracting Inc. v. Mountain Health & Community Services, Inc. et al

Filing 5

ORDER Re: Joint Motion to Dismiss Reno Contracting, Inc.'s Complaint Against United States Department of Agriculture and to Remand Remaining Causes of Action to State Court (ECF No. 4 ). Plaintiff's fifth cause of action for Enforcement of Stop Payment Notice Foreclosure against the USDA is dismissed with prejudice, with each side to bear its own attorney fees and costs. Defendant's ex-parte motion for an extension of time to file a response is denied as moot. Signed by Judge Barry Ted Moskowitz on 2/12/2018. (Certified copy sent to Superior Court)(mxn)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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37-2017-00049052-CU-BC-CTL

RENO CONTRACTING INC.,
a California corporation,

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vs.

Case No.: 18cv00238 BTM KSC
ORDER RE: JOINT MOTION TO
DISMISS RENO CONTRACTING,
INC.’S COMPLAINT AGAINST
UNITED STATES DEPARTMENT OF
AGRICULTURE AND TO REMAND
REMAINING CAUSES OF ACTION
TO STATE COURT

Plaintiff,

MOUNTAIN HEALTH &
COMMUNITY SERVICES, INC., a
California corporation; UNITED STATES
DEPARTMENT OF AGRICULTURE, a
public entity; and DOES 1 through 10
inclusive,

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Defendants.

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On February 8, 2018, Reno Contracting, Inc. (“Plaintiff”), and the United States of
America (“Defendant”), filed a joint motion for an order dismissing Plaintiff’s Complaint
against the United States Department of Agriculture (“USDA”) and remanding the
remainder of Plaintiff’s Complaint to state court. Good cause appearing, the Court hereby
GRANTS the parties’ joint motion. Accordingly, it is hereby ORDERED that:
1.

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Foreclosure” against the USDA is dismissed with prejudice, with each side to

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Plaintiff’s fifth cause of action for “Enforcement of Stop Payment Notice
bear its own attorney fees and costs;

2.

Defendant’s ex-parte motion for an extension of time to file a response is
denied as moot; and

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18cv00238

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3.

The remainder of Plaintiff’s Complaint is remanded to the Superior Court of
California, County of San Diego.

DATED: February 12, 2018

_________________________
Hon. Barry Ted Moskowitz
United States District Judge

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18cv00238