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Espinoza v. Moreno

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


November 9, 2009

RODOLFO ESPINOZA AND GUADALUPE PORTILLO, PARENTS OF DECEDENT MARIA CELESTE CROSS-ESPINOZA-PORTILLO, PLAINTIFFS,
v.
RAUDEL MORENO AND MARICELA MORENO AND DOES 1 TO 100 INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Oliver W. Wanger, Judge United States District Court

ORDER DISMISSING COMPLAINT AND REMANDING REMAINDER OF THE CASE AND RELATED CROSS-ACTIONS.

In an order dated September 30, 2009, cross-defendant United States of America/United States Postal Service was ordered to show cause why the cross-complaint for indemnity filed by Defendants, Raudel Moreno and Marcela Moreno, against the United States Postal Service, should not be dismissed for lack of subject-matter jurisdiction and the remainder of the case remanded. The United States of America/United States Postal Service filed a response in support of dismissal and none of the other parties appeared in opposition.

After considering all papers filed in connection with the Order to Show Cause Re: Dismissal, it is hereby ORDERED, ADJUDGED AND DECREED that the Cross-Complaint for Indemnity filed by Raudel Moreno and Marcela Moreno against the United States Postal Service is DISMISSED WITHOUT PREJUDICE for the reasons set forth in this Court's Order to Show Cause Re: Dismissal, Docket No. 22, which is incorporated herein by reference. The Clerk is ordered to remand the remainder of the case styled Rodolfo Espinzoa et. al v. Raudel Moreno et. al, Case No. CV034439, to the Superior Court of the State of California, County of San Joaquin.

20091109

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