Queen

Queen v. Mooney

Good Law
United States District Court, Northern District of CaliforniaAugust 27, 20245:24-cv-02161California759 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BATHSHEBA SHUNQUITA QUEEN, Case No. 24-cv-02161-SVK

Plaintiff,

ORDER DISMISSING ACTION

v.

LESHAWN MOONEY, Defendant.

The United States, as an interested non-party, informed the Court that it may lack subject- matter jurisdiction over this action. See 28 U.S.C. § 517; Dkt. 21. After reviewing the record and the law, the Court concurs in that assessment. Plaintiff commenced this action in the Superior Court for the County of Santa Clara on March 6, 2024. See Dkt. 1-1 at ECF Page 2. Defendant subsequently removed the action to this Court on April 11, 2024. See Dkt. 1. It turns out, however, that before Defendant removed the action on April 11, Plaintiff requested that the Superior Court dismiss the action on April 10. See Dkt. 21-1 at ECF Page 16 (request for dismissal dated April 9 and filed on April 10); see also Dkt. 24 at ECF Page 3 (Plaintiff confirming that she requested dismissal of state-court action and that she “received an email…

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