Austin v. Kemper Corporation

[3] 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA [6] 7 GEORGE JARVIS AUSTIN, Case No. 25-cv-07194-JST 8 Plaintiff, ORDER CLOSING CASE NO. 25-cv07367 AND TERMINATING MOTION 9 v. IN CASE NO. 25-cv-07194 10 KEMPER CORPORATION, Re: ECF No. 34 Defendant. [11] 12 GEORGE JARVIS AUSTIN, Case No. 25-cv-07367-JST 13 Plaintiff, 14 v. 15 KEMPER CORPORATION (INSURANCE), [16] Defendant. [18] 19 In Case No. 25-cv-07367, the Court ordered Defendant Kemper Insurance Corporation to 20 “file either (1) a brief that sets forth authority for concluding that the case was remanded and 21 therefore subject to removal or (2) a statement that it no longer believes that removal was proper.” 22 No. 25-cv-07367, ECF No. 20 at 1. Kemper has now filed a response stating that it “no longer 23 believes that removal was proper. See Allstate Ins. Co. v. Superior Court, 132 Cal. App. 3d 670 24 (1982) (dismissal of federal action without remand terminates the action, leaving the state court 25 without jurisdiction to resume proceedings).” No. 25-cv-07367, ECF No. 22 at 1. The Clerk is 26 therefore directed to close Case No. 25-cv-07367 as having been improperly removed. 27 In Case No. 25-cv-07194, Plaintiff George Jarvis Austin has filed a motion to consolidate 1 No. 25-cv-07194, ECF No. 34. Because Case No. 25-cv-07367 has now been closed, the Court 2 terminates Austin’s motion as moot. 3 IT IS SO ORDERED. 4 Dated: September 16, 2025 . es [5] JON S. TIG 6 United States District Judge [10] ll a 12 [16] € = 17 Zz 18