C.J.B. v. Neighborcare Health et al

Filing 16

ORDER OF DISMISSAL AND REMAND granting the United States' 7 MOTION to Dismiss Pursuant to Rule 12(b)(1); directing Clerk to remand this matter to King County Superior Court, signed by Judge Robert S. Lasnik. Per LCR 3(h), case will be remanded 14 days from date of this Order, on 8/22/2017. (PM)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 _________________________________ 8 ) ) ) Plaintiff, ) v. ) ) UNITED STATES OF AMERICA and ) SEATTLE SCHOOL DISTRICT, ) ) Defendants. ) _________________________________ ) C.J.B., 9 10 11 12 13 No. C17-0980RSL ORDER OF DISMISSAL AND REMAND 14 This matter comes before the Court on the “United States’ Motion to Dismiss Pursuant to 15 Rule 12(b)(1).” Dkt. # 7. The parties agree that the Court does not have subject matter 16 jurisdiction over the United States in this litigation and that the claims against it must be 17 dismissed. Plaintiff requests that the remaining claims against the Seattle School District be 18 remanded to King County Superior Court for resolution. The School District argues that judicial 19 economy and fundamental fairness require that this matter be stayed for five months to give 20 plaintiff the opportunity to exhaust her administrative remedies, refile her claims against the 21 United States, and have them consolidated in this action. 22 The United States’ motion to dismiss is GRANTED. The Court does not have subject 23 matter jurisdiction over the claims asserted against the United States and declines to exercise 24 supplemental jurisdiction over the claims against the Seattle School District. The Clerk of Court 25 is therefore directed to remand this matter to King County Superior Court. If the School District 26 ORDER OF DISMISSAL AND REMAND 1 believes a stay is warranted in these circumstances, it can negotiate a case management plan with 2 plaintiff and/or bring a motion before the state court. 3 4 Dated this 7th day of August, 2017. A Robert S. Lasnik 5 6 United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDER OF DISMISSAL AND REMAND -2-

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