Funkhouser
Funkhouser v. DAC FF 91, INC.
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 JEDREK FUNKHOUSER, Case No. 19-cv-01197-MMC
Plaintiff,
ORDER RE: JOINT STIPULATION
v. FOR REMOVAL OF ACTION TO
STATE COURT
DAC FF 91, INC., et al., Re: Dkt. No. 41 Defendants.
13 Before the Court is a “Joint Stipulation,” filed December 11, 2019, by which the parties seek an order dismissing plaintiff’s sole federal claim and directing the remaining claims, all of which are alleged under state law, be “removed to the Santa Cruz County Superior Court.” (See Joint Stip. at 3:25-26.) By order filed November 7, 2019, the Court denied the parties’ previous request for such transfer because the “parties ha[d] not cited any authority for such procedure.” (See Doc. No. 40.) In the instant stipulation, the parties, citing Herklotz v. Parkinson, 848 F.3d 894 (9th Cir. 2017), assert there “no longer [is] subject matter jurisdiction in federal court.” (See Joint Stip. at 3:20-21.) The pleadings addressed in Herklotz…