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Williams Joseph Gibbs v. Stanislaus Community Assistance Project

October 24, 2012

WILLIAMS JOSEPH GIBBS,
PLAINTIFF,
v.
STANISLAUS COMMUNITY ASSISTANCE PROJECT, AND DOES 1-100, INCLUSIVE,
DEFENDANTS.



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

REMAND ORDER

On October 15, 2012, the parties filed a stipulation in which they dismiss without prejudice Plaintiff's ERISA claim under Federal Rule of Civil Procedure 41(a)(1)(A)(ii), and state each side bears its own costs and attorney's fees. (ECF No. 15.) The parties also agree in the stipulation to entry of an order remanding the remaining state claims to state court.

In light of the parties' dismissal of Plaintiff's ERISA claim, and since the values of "judicial economy, convenience, fairness, and comity" weigh in favor of declining to continue to exercise jurisdiction over Plaintiff's remaining state claims, this case is remanded to the Superior Court of the State of California, County of Stanislaus.

Nishimoto v. Federman-Bachrach & Ass'n, 903 F.2d 709, 715 (9th Cir. 1990)(citation and internal quotation marks omitted).

20121024

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