Diaz

Diaz v. Nooter Construction Company

Good Law
United States District Court, Northern District of CaliforniaSeptember 9, 20253:25-cv-07891California463 words

Opinion

trial_court Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 CARLOS DIAZ, Case No. 25-cv-03327-EMC

8 Plaintiff,

ORDER RE PLAINTIFF’S

9 v. COMPLIANCE STATEMENT

10 CHEVRON CORPORATION, et al., Docket No. 28 11 Defendants.

12 13 14 The Court has reviewed Plaintiff’s compliance statement. In the statement, Plaintiff asks 15 the Court to award the final disbursements under the settlement agreement with Nooter, which the 16 state court approved. (The final disbursements are a partial fee award and a cy pres award.) 17 It is not clear that this Court has jurisdiction to award the final disbursements. Plaintiff has 18 cited 28 U.S.C. § 1450. There is authority indicating that, because of § 1450, a federal court may 19 vacate a default judgment issued by a state court if the case is removed to federal court after final 20 judgment. See Butner v. Neustadter, 324 F.2d 783, 785-86 (9th Cir. 1963) (stating that “[f]he 21 federal court takes the case as it finds it on removal and treats everything that occurred in the…

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