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Roberts v. United States

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


April 9, 2010

TERAH ROBERTS, ET AL., PLAINTIFFS,
v.
UNITED STATES OF AMERICA; AERON WICKES, M.D.; MICHELE GRAD, M.D.; PALOMAR POMERADO HEALTH; DOES 1 THROUGH 40, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Hayes, Judge

ORDER

On March 23, 2010, the Court issued an Order which dismissed Defendant United States of America and stated: "All remaining parties are ORDERED TO SHOW CAUSE why this action should not be remanded to state court for lack of subject matter jurisdiction pursuant to 28 U.S.C. § 1447(c). See Bruns v. Nat'l Credit Union Admin., 122 F.3d 1251, 1257-58 (9th Cir. 1997). This action will be remanded to San Diego Superior Court unless, no later than fourteen (14) days from the date of this Order, a party files a brief stating a basis for this Court's subject-matter jurisdiction." (Doc. # 8 at 4).

The docket reflects that no party has filed a brief since the Court's March 23, 2010 Order.

IT IS HEREBY ORDERED that, pursuant to 28 U.S.C. § 1447(c), this action is REMANDED for lack of subject matter jurisdiction to San Diego County Superior Court, where it was originally filed and assigned case number 37-2009-86857-CU-MM-CTL.

WILLIAM Q. HAYES United States District Judge

20100409

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