Opinion
Case No.: 1:11-cv-01231 LJO JLT
10-07-2011
NATHAN GILROY, Plaintiff, v. CITY OF BAKERSFIELD, JESS BEAGLEY, SHANE SHAFF, GILBERT RODRIGUEZ, and DOES 1 -100 inclusive, Defendants.
ORDER ADOPTING THE FINDINGS AND
RECOMMENDATION TO REMAND THE
MATTER TO THE KERN COUNTY
SUPERIOR COURT AND TO DISMISS THE
MATTER
(Doc. 17)
Nathan Gilroy ("Plaintiff") seeks a remand of the action to Kern County Superior Court. (Doc. 12). Defendants City of Bakersfield, Jess Beagley, Shane Shaff, and Gilbert Rodriguez opposed the motion to remand the action. (Doc. 14). On September 19, 2011, the Magistrate Judge recommended the plaintiff's motion to remand the matter to Kern County Superior Court be granted. (Doc. 17).
The Magistrate Judge found that the Court had subject mater jurisdiction at the time of removal, because a claim "arising under" federal law existed at the time of removal. (Doc. 17 at 5). However, the Magistrate Judge noted that Plaintiff's amended complaint removed all federal claims, and as such the Court has discretion to remand the remaining state law claims. Id. (citing Harrell v. 20th Century Ins. Co., 934 F.3d 203, 205 (9th Cir. 1991)). Therefore, the Magistrate Judge considered factors set forth by the Supreme Court to determine whether the Court should retain jurisdiction, including "the values of judicial economy, convenience, fairness, and comity." Id. (quoting Carnegie- Melon Univ. v. Cohill, 484 U.S. 343, 350 (1988)). The Magistrate Judge concluded these factors weighed in favor of remand. Id. at 5-6.
Although the parties were granted fourteen days from September 19, 2011, or until October 3, 2011, to file objections to the Magistrate's Judges Findings and Recommendations, no objections were filed. In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C) and Britt v. Simi Valley United School Dist., 708 F.2d 452, 454 (9th Cir. 1983), this Court has conducted a de novo review of the case. Having carefully reviewed the entire file, the Court finds that the findings and recommendation are supported by the record and by proper analysis.
Accordingly, IT IS HEREBY ORDERED:
1. The Findings and Recommendations filed September 19, 2011, are ADOPTED IN FULL;
2. The matter is ORDERED to be REMANDED to the Kern County Superior Court;
3. The Clerk of Court IS DIRECTED to close this action because this order terminates the action in its entirety.
IT IS SO ORDERED.
Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE