Case Number: BC640260 Hearing Date: October 16, 2018 Dept: 40

MOVING PARTY: Plaintiff Ya-May Christle

OPPOSITION: None

Self-represented litigant Pliantiff Ya-May Christle alleges that Defendant Police Officer Bartley of the City of Arcadia, wrongfully arrested and attacked her.

On November 9, 2016, Plaintiff filed her Complaint and defendants removed the case to Federal Court on November 17, 2016 and on July 10, 2017, this Court dismissed the action without prejudice, pursuant to Local Rule 3.22. Local Rule 3.22 states:

“3.22 CASE REMOVED TO FEDERAL COURT If a case is removed to federal court, the court will order a date, not earlier than 90 days from the date of removal, by which counsel must file a Notice of Status of Removed Case. If the case has not remanded to the trial court by that time, it will be recorded as completed without the need to conduct a further status conference. (Rule 3.22 new and effective July 1, 2011)”

Now, Plaintiff brings a Motion to Reinstate dismissed complaint.

Plaintiff indicates that on June 29, 2018, plaintiff filed a Request for Dismissal of all federal claims and requested a remand to state court. On July 5, 2018, Judge Walter of the U.S. District Court for the Central District of California granted that request. (See Order of Remand, dated July 5, 2018.)

Standard: Federal statute 28 U.S.C.A. § 1446(d) provides the following:

“Notice to adverse parties and State court.–Promptly after the filing of such notice of removal of a civil action the defendant or defendants shall give written notice thereof to all adverse parties and shall file a copy of the notice with the clerk of such State court, which shall effect the removal and the State court shall proceed no further unless and until the case is remanded.”

Accordingly, Plaintiff’s Motion to Reinstate this complaint is GRANTED and this matter is set for a case management conference on January 10, 2019, at 8:30 a.m.

Plaintiff to give notice.