Tuens v. U.S. Bank National Association ( 2020 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 TRACY TUENS, Case No. 20-cv-03459-JST 8 Plaintiff, ORDER REMANDING CASE v. 9 Re: ECF No. 30 10 U.S. BANK NATIONAL ASSOCIATION, et al., 11 Defendants. 12 13 This case originated in the San Francisco County Superior Court before Defendants 14 removed it to federal court. ECF No. 1 at 2. Defendants assert that this Court has diversity 15 jurisdiction because Plaintiff Tracy Tuens’s complaint does not state a valid claim of action 16 against Defendant Oliveira. Id. at 4-8. 17 On October 5, 2020, this Court issued an order to show cause why this case should not be 18 remanded in light of its finding that Tuens “could plausibly allege additional facts in support of 19 her FEHA claims that would make them viable.” ECF No. 29 at 10 (citing Tuens’s opposition to 20 Defendants’ motions to dismiss, ECF No. 15 at 24, which stated that Tuens could “allege 21 additional facts, such as: Oliveira engaged in hostile, belittling, condescending, and dismissive 22 conduct that was continuous from the time she returned from leave in late-March 2017 up to her 23 termination on March 3, 2018”); see also id. at 11. Defendants filed a response to this order on 24 October 19, 2020. ECF No. 30. Nothing in Defendants’ response changes the Court’s reasoning 25 or conclusion. See Hunter v. Philip Morris USA, 582 F.3d 1039, 1046 (9th Cir. 2009) (“if there is 26 a possibility that a state court would find that the complaint states a cause of action against any of 27 the resident defendants, the federal court must find that the joinder was proper and remand the 1 1277, 1279 (11th Cir. 2003) (per curiam)). 2 Accordingly, the Court concludes that Defendants have failed to show cause. Because 3 || there is no federal jurisdiction, this case is now REMANDED to the San Francisco County 4 Superior Court. The Clerk shall close the file. 5 IT IS SO ORDERED. 6 Dated: November 9, 2020 7 JON S. TIGAR 8 ited States District Judge 9 10 11 a 12 13 © 15 16 it Z 18 19 20 21 22 23 24 25 26 27 28