Thibodeaux

Thibodeaux v. United States Postal Service

Good Law
United States District Court, Southern District of CaliforniaJanuary 25, 20213:20-cv-00651California1,129 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DELMER THIBODEAUX, Case No.: 3:20-cv-0651 W (LL) Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS WITHOUT LEAVE TO UNITED STATES POSTAL SERVICE, AMEND [DOC. 10] Defendant. 16

18 Defendant United States Postal Service (“USPS”) moves to dismiss arguing this Court lacks subject-matter jurisdiction over this removed case under the derivative- jurisdiction doctrine. Plaintiff Delmer Thibodeaux opposes the motion. The Court decides the matter on the papers submitted and without oral argument. See Civ. L.R. 7.1(d.1). For the following reasons, the Court GRANTS the motion [Doc. 10] and DISMISSES this lawsuit WITHOUT LEAVE TO AMEND. 25 I. BACKGROUND Plaintiff Delmer Thibodeaux filed this lawsuit in the San Diego Superior Court against Defendant USPS for injuries sustained in an automobile accident. (See Compl. p. 5. ) On April 3, 2020, USPS removed the case to this Court under 28…

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