United States District Court, N.D. California
December 22, 2005.
CAROLE TAPIA, Plaintiff,
SUTTER MEDICAL CENTER OF SANTA ROSA, et al., Defendants.
The opinion of the court was delivered by: JEFFREY WHITE, District Judge
ORDER GRANTING UNITED STATES' MOTION TO DISMISS; REMANDING CASE
TO SONOMA COUNTY SUPERIOR COURT
Now before the Court is United States of America's ("United
States") motion to dismiss Plaintiff Carole Tapia's ("Tapia")
complaint for lack of subject matter jurisdiction pursuant to
Federal Rule of Civil Procedure 12(b)(1). Tapia filed a statement
of non-opposition to the United States' motion. Therefore, the
Court HEREBY GRANTS the United States' motion to dismiss Tapia's
complaint as to the United States.
Tapia originally filed her complaint in Sonoma County Superior
Court. With the dismissal of the United States, the Court
determines that jurisdiction over the remaining causes of action
is lacking. District courts have inherent discretion to remand
cases to state court sua sponte where the court lacks subject
matter jurisdiction or where there is a procedural defect in the
removal process. Maniar v. FDIC, 979 F.2d 782, 785 (9th Cir.
1992). Accordingly, the remaining claims asserted against the
non-governmental defendants are HEREBY REMANDED to Sonoma County Superior Court for resolution. The
Clerk shall transfer the filed forthwith.
IT IS SO ORDERED.
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