UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
February 11, 2011
JOHN S. WILLIAMS AND FAITH WILLIAMS,
EVERGREEN AVIATION GROUND LOGISTICS ENTERPRISE, INC.; COUNTY OF SACRAMENTO; AND DOES 1-20, INCLUSIVE, DEFENDANTS.
COUNTY OF SACRAMENTO, CROSS-COMPLAINANT,
UNITED STATES POSTAL SERVICE; EVERGREEN AVIATION GROUND LOGISTICS ENTERPRISE, INC.; AND ROES 1-20, INCLUSIVE, CROSS-DEFENDANTS.
The opinion of the court was delivered by: Frank C. Damrell, Jr. United States District Judge
MEMORANDUM AND ORDER
This matter arises out of a complaint for personal injuries filed by plaintiffs John S. Williams and Faith Williams in the Superior Court of California in the County of Sacramento against defendants Evergreen Aviation Ground Logistics Enterprise, Inc. and the County of Sacramento. Subsequently, the County of Sacramento filed a cross-complaint in state court, seeking indemnity from the United States, sued as the United States Postal Service, and from Evergreen Aviation Ground Logistics Enterprise, Inc.. The United States then removed the case to this court pursuant to 28 U.S.C. § 1442(a)(1) because the United States was named as a defendant in the state court civil action.
On January 21, 2011, the United States filed a motion to dismiss the cross-complaint on the basis that it is entitled to sovereign immunity. On February 9, 2011, cross-complainant, County of Sacramento, filed a notice of non-opposition to the United States' motion to dismiss.
In light of the submissions of the parties, cross-defendant United States' motion to dismiss is GRANTED. Because the United States is no longer a named defendant in the action and because no other basis for federal jurisdiction appears on the face of the complaint, the court REMANDS this action to the Superior Court of California, County of Sacramento.
IT IS SO ORDERED.
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