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Duke v. San Francisco Community College District
4:19-cv-06327
N.D. Cal.
Dec 11, 2019
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Docket

*1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SHALAMON DUKE, Case No. 19-cv-06327-PJH

Plaintiff, v. ORDER DENYING MOTION TO REMAND CITY COLLEGE OF SAN FRANCISCO, Re: Dkt. No. 15 et al.,

Defendants. Plaintiff Shalamon Duke’s motion to remand came on for hearing before this court on December 11, 2019. Plaintiff appeared through his counsel, Donald Lancaster, Jr. Defendants appeared through their counsel, Maria Lampasona. Having read the papers filed by the parties and carefully considered their arguments and the relevant legal authority, and good cause appearing, the court hereby DENIES plaintiff’s motion to remand, for the reasons stated at the hearing and the following reasons.

A defendant may remove “any civil action brought in a State court of which the district courts . . . have original jurisdiction[.]” 28 U.S.C. § 1441(a). Under 28 U.S.C. § 1331, federal district courts have original jurisdiction of “all civil actions arising under the Constitution, laws, or treaties of the United States.” Here, plaintiff asserts six causes of action explicitly arising under federal statutes, which plaintiff concedes are based on the same events underlying his state-law claims. See First Amended Complaint, Dkt. 19. As such, removal of the action to federal district court is proper, as is the court’s supplemental jurisdiction at this time over the asserted state-law claims. Plaintiff’s motion / / /

*2 to remand is therefore DENIED.

IT IS SO ORDERED.

Dated: December 11, 2019

/s/ Phyllis J. Hamilton PHYLLIS J. HAMILTON United States District Judge 2

Case Details

Case Name: Duke v. San Francisco Community College District
Court Name: District Court, N.D. California
Date Published: Dec 11, 2019
Docket Number: 4:19-cv-06327
Court Abbreviation: N.D. Cal.
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