Summary
The court grants the parties’ stipulation permitting the plaintiff to file an amended complaint eliminating the RICO claim that supplied federal-question jurisdiction. Because the stipulated remand is dispositive and the magistrate judge lacked consent from all parties to enter it, the court recommends that the newly assigned district judge approve remand to the Santa Clara County Superior Court after the amended complaint is filed.
Holdings
- The court granted the parties' stipulation to file the proposed amended complaint and directed Roberts to file it as a separate ECF entry by March 19, 2025.
- Absent consent of all parties, the magistrate judge lacked jurisdiction to enter the parties' proposed dispositive remand order and could only recommend that the newly assigned district judge approve the stipulated remand.
Questions Presented
- Whether the parties' stipulation to file an amended complaint eliminating the RICO claim should be granted.
- Whether a magistrate judge may enter the parties' proposed dispositive remand order without the consent of all parties.
Disposition
other
Cases Cited (2)
- Williams v. King, 875 F.3d 500 (9th Cir. 2017)(followed)
- Flam v. Flam, 788 F.3d 1043 (9th Cir. 2015)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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