Gastelum

Gastelum v. Hie River Park LLC

Good Law
United States District Court, Eastern District of CaliforniaSeptember 20, 20231:23-cv-00472California430 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 FERNANDO GASTELUM, No. 1:23-cv-00472-JLT-SKO Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS TO STRIKE

v. PLAINTIFF’S DIVERSITY

ALLEGATIONS AND DECLINE

HIE RIVER PARK LLC, dba Holiday Inn SUPPLEMENTAL JURISDICTION OVER Express Fresno Riverpark, PLAINTIFF’S STATE LAW CLAIMS 15 Defendant. (Doc. 12) 16 17 Plaintiff Fernando Gastelum (“Plaintiff”), proceeding pro se and in forma pauperis, initiated this action against Defendant Hie River Park LLC, doing business as Holiday Inn Express Fresno Riverpark. (Docs. 1, 4.) Following an order to show cause, on August 30, 2023, the assigned magistrate judge issued findings and recommendations recommending that the Court decline to exercise supplemental jurisdiction over Plaintiff’s state law claims and that those claims be dismissed, without prejudice, pursuant to 28 U.S.C. § 1367(c)(4). (Doc. 12.) The assigned magistrate judge also recommended that the diversity allegations…

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