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Donald C. Washington v. For the Northern District of California

UNITED STATES DISTRICT COURT Northern District of California Oakland Division


January 31, 2011

DONALD C. WASHINGTON,
PLAINTIFF,
v.
FOR THE NORTHERN DISTRICT OF CALIFORNIA

ORDER REMANDING CASE COURT OURT COURT

For the Northern District of California As the court ruled when it gave leave to amend, the amended complaint -- which deletes the claims alleging that Defendant wrongfully denied Plaintiff disability benefits under an ERISA plan -- 21 contains only state law claims. See 1/24/11 Order, ECF No. 32. The parties agreed at oral 22 argument, and the court holds, that the court lacks subject-matter jurisdiction, and remand is 23 appropriate and fair. See id. at 10; Carnegie-Mellon University v. Cohill, 484 U.S. 343, 351 (1988). 24 All parties named in the amended complaint have consented to this court's jurisdiction. 25 Accordingly, the court now remands the case to Alameda County Superior Court. 26 IT IS SO ORDERED. 27 Dated: January 31, 2011 LAUREL BEELER United States Magistrate Judge

C 10-03751 (ORDER REMANDING CASE)

C C C AT & T CORP, et al., v. For the Northern District of California Defendants.

On January 25, 2011, after the court granted leave to amend, Plaintiff Donald Washington filed an amended complaint. See ECF No. 33. The amended complaint is identical to the complaint previously filed as an exhibit to Plaintiff's Motion to Amend. See ECF No. 25-1.

20110131

© 1992-2011 VersusLaw Inc.



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