Heather Heath v. Keenan and Associates

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES — GENERAL

Case No. 2:24-cv-01733-MCS-DTB Date May 29, 2024 Title Heath v. Keenan & Assocs.

Present: The Honorable Mark C. Scarsi, United States District Judge

Stephen Montes Kerr —____———NotReported Deputy Clerk Court Reporter

Attorney(s) Present for Plaintiff(s): Attorney(s) Present for Defendant(s): None Present None Present

Proceedings: (IN CHAMBERS) ORDER RE: STIPULATION TO REMAND AND MOTION TO REMAND (ECF Nos. 9, 23) (JS-6)

The parties stipulate to remand this case to the state superior court from which it was removed. (Stip., ECF No. 23.) But the parties “reserve their respective arguments concerning subject matter jurisdiction and removal.” (Id. at 2.) “[T]he parties cannot by stipulation or waiver grant or deny federal subject matter jurisdiction.” Janakes v. USPS, 768 F.2d 1091, 1095 (9th Cir. 1985). The stipulation itself offers no ground upon which the Court may remand the case given Defendant’s decision not to concede this Court lacks jurisdiction. That …