Utley

ORDER GRANTING PARTIAL SUMMARY JUDGMENT AND REMANDING

This action arises from the allegedly wrongful termination of plaintiff Milton Utley by defendant Varían Associates, Inc., EIMAC division. While the underlying facts are relatively unimportant to the disposition of the motions presently before the Court, it is significant that defendant Varían Associates, Inc. is a contractor for the federal government.

Suit was originally brought in San Mateo Superior Court with plaintiff alleging five separate counts arising from the allegedly wrongful termination. Because plaintiff’s first, fourth and fifth counts implicate federal law, the case was removed to this Court. Defendant has moved the Court to dismiss part of the first and all of the fourth and fifth counts and, because such dismissals would eliminate any issues of federal law, to then remand the case to state court. Plaintiff contends that the case should be remanded immediately without any action being taken on the first, fifth, or fourth counts. He argues that removal was improper because none of the five claims “arises under” federal law as required by 28 U.S.C. section 1331 .

At hearing both parties stipulated that if the…