(PS) Sheetmetal & Assoc. v. Federal Express Corp.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SHEETMETAL & ASSOCIATES, No. 2:19-cv-2154-TLN-EFB PS Plaintiff, v. ORDER FEDERAL EXPRESS CORPORATION, Defendant. 16 Shortly after removing this action from the Solano County Superior Court, defendant filed an ex parte application to withdraw its notice of removal. ECF No. 4. That application explains that after removal to federal court, defendant learned that the state court had previously declared plaintiff a vexatious litigant subject to a prefiling order that requires him to seek leave from the presiding state court judge prior to commencing any civil action. Id. at 2; see Cal. Civ. Proc. Code § 391.7(a). Defendant’s notice further states that this case should be remanded because plaintiff failed to seek leave prior to commencing it in state court. ECF No. 4 at 2. Notwithstanding plaintiff’s alleged failure to comply with state law and court orders, defendant may not simply withdraw its notice of removal. Upon the…