Millar

OPINION AND ORDER GRANTING PLAINTIFF’S MOTION TO DISMISS HIS FEDERAL CLAIMS AND GRANTING PLAINTIFF’S MOTION TO REMAND.

I. INTRODUCTION

On September 27, 2002, plaintiff filed a brief styled, “Memorandum of Points And Authorities In Support Of Plaintiffs Motion To Dismiss Federal Claims And Remand The Case To State Court, Or, In The Alternative, In Support Of Plaintiffs Motions To Permit Filing Of An Amended Complaint And To Vacate The Deadlines For Completing Expert Discovery, Hearing Dispositive Motions And To Continue The Trial Date.” In this motion, plaintiff seeks to dismiss his federal claims, and, thereafter, to have this court remand his remaining claims to state court. If the Court denies his motion to remand, plaintiff moves, in the alternative, for an order permitting the filing of a third amended complaint and vacating the deadline for expert witness discovery, the deadline for hearing dispositive motions, and the trial date pending a decision by the California Supreme Court in Colmenares v. Braemer Country Club, Inc., California Supreme Court Case No. S098895 (“Colmenares ”.)

For reasons discussed at length below, the Court orders plaintiffs federal claims dismissed…