Tobey
(UD)(PS) ESA Management, LLC v. Tobey
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 12 ESA Management, LLC, No. 2:20-cv-00435-JAM-AC Plaintiff, v. SUA SPONTE ORDER REMANDING
ACTION TO STATE COURT
Judy Tobey, Defendant.
19 The undersigned revokes any actual or anticipated referral 20 to a Magistrate Judge for the purposes of Findings and 21 Recommendations in this case. See Local Rule 302(d) 22 (“Notwithstanding any other provision of this Rule, a Judge may 23 retain any matter otherwise routinely referred to a Magistrate 24 Judge.”). 25 On February 25, 2020 Defendant Judy Tobey filed a Notice of 26 Removal with this Court, seeking to remove an action from the 27 Sacramento County Superior Court. Notice of Removal, ECF No. 1. 28 For the following reasons, the Court sua sponte REMANDS this case to Sacramento County Superior Court. Under 28 U.S.C. § 1441(a), a defendant may remove an action to federal court if the district court has original jurisdiction. Hunter v. Phillip Morris USA, 582 F.3d 1039, 1042 (9th Cir. 2009) 6 …