Luis v. County of San Diego et al

Filing 20

ORDER Remanding Case. Signed by Judge Cathy Ann Bencivengo on 5/4/2018. (cc: Superior Court)(All non-registered users served via U.S. Mail Service)(jjg)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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MORRIS LUIS individually and as
successor in interest to JORDAN LUIS,

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ORDER OF REMAND

Plaintiff,

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Case No.: 3:18-cv-0246-CAB-(JMA)

v.
COUNTY OF SAN DIEGO; CASA DE
AMPARO, DOES 1 THROUGH 20
inclusive, and ESTEE URAM-JARIVS
(Nominal Defendant),
Defendants.

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On April 24, 2018, the Court granted Defendant County of San Diego’s motion to
dismiss all claims against it, including the federal claims upon which jurisdiction rested.
[Doc. No. 18.] In the dismissal order, Plaintiff was given up to and including May 15,
2018, to file an amended complaint and was required to file a notice of his intention to do
so on or before May 1, 2018. [Id. at 23] Additionally, Plaintiff was cautioned that his
failure to file the required Notice of Intent would result in the Court remanding the
remaining state law causes of action against Defendant Casa to state court. [Id.]
The deadline for Plaintiff to file the required Notice has come and gone and no filing
has been entered on the docket. According, the Court hereby REMANDS this action back
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3:18-cv-0246-CAB-(JMA)

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to the San Diego Superior Court for lack of subject matter jurisdiction. See 28 U.S.C. §

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1447(c) (“[i]f at any time before final judgment it appears that the district court lacks

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subject matter jurisdiction, the case shall be remanded.”). The Clerk of the Court shall

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CLOSE the case.

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It is SO ORDERED.
Dated: May 4, 2018

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3:18-cv-0246-CAB-(JMA)