Golden v. Washington State Dept of Transportation et al

Filing 58

ORDER OF REMAND. The Clerk of Court is directed to remand this matter to King County Superior Court. Signed by Judge Robert S. Lasnik. (SWT) (cc: Plaintiff via USPS)Per LCR 3(h), case will be remanded 14 days from date of this Order, on 2/22/2018.

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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DAVID GOLDEN, (alias G. JEREMY
THUNDERCLOUD, JOHNY BIGFISH), an
individual,

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Case No. C17-1877RSL
ORDER OF REMAND

Plaintiff,
v.
WASHINGTON STATE DEPARTMENT OF
TRANSPORTATION, et al.,
Defendants.

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This matter comes before the Court sua sponte. The Court recently dismissed all claims
against the federal defendants and Sinclair Broadcast Group, Inc. Neither the complaint nor the
remainder of the record suggests that there is a federal defendant, a federal claim, or diversity of
citizenship between or among the remaining parties. Although the existence of removal
jurisdiction is determined at the time of removal (Abada v. Charles Schwab & Co., Inc., 300
F.3d 1112, 1117 (9th Cir. 2002)) and the subsequent narrowing of the parties or issues to
exclude all federal interests does not strip the federal court of jurisdiction that was properly
exerted at the outset (Harper v. AutoAlliance Int’l, Inc., 392 F.3d 195, 210-11 (6th Cir. 2004)),
the Court finds that remand is appropriate in this case. A removal under 28 U.S.C. § 1442 gives
rise to ancillary jurisdiction over the non-federal aspects of the case and “confers discretion on
the district court to decline to exercise continued jurisdiction over [plaintiff’s] claim once [the
federal defendant] dropped out of the case.” IMFC Prof’l Servs. of Fla., Inc. v. Latin Am. Home
ORDER OF REMAND - 1

1 Health, Inc., 676 F.2d 152, 160 (5th Cir. 1982). In addition, “[t]he district court may decline to
2 exercise supplemental jurisdiction over a claim . . . if . . . the district court has dismissed all
3 claims over which it has original jurisdiction.” 28 U.S.C. § 1367(c). Given the early elimination
4 of the claims against the federal defendants and the apparent lack of federal claims or diversity
5 jurisdiction following dismissal of Sinclair Broadcast Group, the Court finds that remand of the
6 remaining state law issues is appropriate.
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The Clerk of Court is directed to remand this matter to King County Superior Court.

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Dated this 8th day of February, 2018.

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A
Robert S. Lasnik

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United States District Judge

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ORDER OF REMAND - 2