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16-2816 - (PS) Gavin et al v. University of California et al


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16-2816 - (PS) Gavin et al v. University of California et al
December 2, 2016
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/1/2016 RECOMMENDING that Plaintiffs' 4 motion for removal from superior court be denied. To the extent that plaintiffs' 4 motion operated as a notice of removal, the state court action (Regents of the University of California v. Adeyemi et al., UD 16-1743) be remanded to the Yolo County Superior Court and that the Clerk of Court be directed to serve a copy of the remand order on the Yolo County Superior Court. This action be dismissed as duplicative. Plaintiffs' 2 motion to proceed in forma pauperis in this court be denied as moot. The Clerk of Court be directed to close this case. In light of those recommendations, IT IS ALSO HEREBY ORDERED that all pleading, discovery, and motion practice in this action are stayed pending resolution of these findings and recommendations. Other than objections to the findings and recommendations or non-frivolous motions for emergency relief, the court will not entertain or respond to any pleadings or motions until the findings and recommendations are resolved. Motions referred to Judge John A. Mendez. Objections to F&R due within 14 days. (Zignago, K.)
January 30, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 1/30/2017 DENYING 11 Motion to Stay. (Washington, S) Modified on 1/31/2017 (Washington, S).
June 27, 2017
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ORDER signed by District Judge John A. Mendez on 6/26/17 ORDERING that the findings and recommendations 6 are ADOPTED IN PART; Plaintiffs' motion for removal from superior court 4 is DENIED; to the extent that Plaintiffs' motion 4 operated as a notice of removal, the state court action (Regents of the University of California v. Adeyemi et al., UD 16-1743) is REMANDED to Yolo County Superior, and the Clerk shall serve a copy of this order on Yolo County Superior; All claims arising from the denial of lease extension are DISMISSED as barred by res judicata; If Plaintiffs wish to proceed on the ADA and Civil Rights claims that are not related to the lease extension, Plaintiffs are ORDERED to FILE a SUPPLEMENTAL BRIEF to show cause why the action should not be DISMISSED as moot. This Supplemental Brief is due thirty days from the date of this order; Plaintiffs' state law claims (First, Second, and Tenth Causes of Action) are DISMISSED for lack of jurisdiction; The Court will rule on Plaintiffs' motion to proceed in forma pauperis 2 and motion for reconsideration 16 after receiving and considering Plaintiffs' Supplemental Brief. (cc Yolo County Superior)(Becknal, R)