Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Denderuk v. State

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


May 21, 2009

VICTOR DENDERUK, PLAINTIFF,
v.
STATE OF CALIFORNIA, UNITED STATES OF AMERICA, DEPARTMENT OF THE INTERIOR, AND BUREAU OF RECLAMATION, DEFENDANTS.

The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

ORDER REMANDING PLAINTIFF'S CASE AGAINST THE STATE OF CALIFORNIA

On May 20, 2009 Plaintiff and Defendant, the State of California, stipulated to dismiss Plaintiff's case against the State of California, without prejudice, and that Plaintiff shall have 30 days from entry of the Stipulation for Dismissal ("Stipulation") to re-file the action against the State of California in the Superior Court of the State of California, County of Placer.

The parties appear to agree that the State of California cannot be sued in federal court for the claims at issue, and the record reveals those claims cannot be prosecuted against the State of California in federal court without the State of California's consent, which the State of California has not given. Therefore, Plaintiff's case against the State of California is remanded to the Superior Court of the State of California located in the County of Placer. See 28 U.S.C. § 1441(c)(stating the district court has discretion to "remand all matters in which State law predominates."). Because of this remand order, the caption in this action shall no longer include the State of California.

20090521

© 1992-2009 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.