Khan

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

MASOOD KHAN, Case No. 20-cv-01121-VC

Plaintiff,

ORDER GRANTING MOTION TO

v. REMAND AND DENYING MOTION

TO SEAL AND STRIKE

GREENSPAN COMPANY, et al., Re: Dkt. Nos. 15, 20 Defendants.

Khan has forsaken any claim related to employee benefit plans, such as his claims that the defendants mismanaged the ESOP or that he didn’t receive benefits to which he was entitled under the ESOP. See Marin General Hospital v. Modesto & Empire Traction Co., 581 F.3d 941, 944–47 (9th Cir. 2009) (describing the applicable standard for complete preemption under ERISA). The lawsuit now raises only state-law claims not implicating ERISA, and over which this Court has only supplemental jurisdiction, as the defendants appear to concede. See Dkt. No. 19 at 2. The Court therefore exercises its discretion to remand the lawsuit to state court. See Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343, 357 (1988). Khan’s request for attorney’s fees is denied. The motion to seal and strike is denied. The Court is skeptical that any material in the Complaint is sealable, at least on the evidence submitted at…