Gregory v. Palmer ( 2023 )

l UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 2 Terrel Gregory, et al., Case No. 2:20-cv-01439-CDS-EJY 4 Plaintiffs Order Denying Stipulation of 5 + Dismissal with Prejudice Rebecca Palmer, et al., [ECE No. 43] 7 Defendants 8 9 The parties stipulate to dismiss this action with prejudice (ECF No. 43); however this 10]| case is already closed. On September 15, 2023, I granted defendants Jesse Lee Cesena, City of North Las Vegas, Oscar Conchas, Sean Montgomery, Rebecca Palmer’s motion for summary 12|| judgment on plaintiffs Ella Ukaoma-Gregory and Terrel A. Gregory’s federal claims and declined 13|| to exercise supplemental jurisdiction over the remaining state claims, which were remanded to 14|| state court. Order, ECF No. 41. 15 Once a district court certifies a remand order to state court, the district court is divested 16|| of jurisdiction and can take no further action on the case. Seedmany. US. Dist. Ct. for Cent. Dist. of 17|| California, 837 F.2d 413, 414 (9th Cir. 1988). The Ninth Circuit has unambiguously held that 18|| district courts may take no action post-remand and parties have provided no authority for this 19|| court’s continued exercise of jurisdiction of this case following remand. Id.; see Moore v. Permanente Med. Grp, Inc., 981 F.2d 443, 445 (9th Cir. 1992) (the district court is divested of jurisdiction on the merits after remand). Because this court is divested of jurisdiction and is without power to take further action on this case, it is left with no option but to DENY the stipulation. 23 Dated: December 19, 2023 /, / 24 La 25 Cristi Silva Unatates District Judge