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Executive Software North America, Inc. v. United States District Court for the Central District of California

United States Court of Appeals for the Ninth Circuit
24 F.3d 1545 (9th Cir. 1994)


Facts

Donna Page filed a discrimination suit in state court against Executive Software North America, Inc. (Executive Software) (plaintiff). Page’s complaint contained two federal causes of action and three state causes of action. Executive Software removed the suit to federal court. The United States District Court of the Central District of California (District Court) (defendant) issued an order remanding the three state law claims to state court. In the order, the District Court outlined the requirements for exercising supplemental jurisdiction, from United Mine Workers v. Gibbs, 383 U.S. 715 (1966), and 28 U.S.C. § 1367, but did not give any reasons why it was remanding the state law claims in this case. Executive Software then petitioned for a writ of mandamus seeking to compel the District Court to retain jurisdiction over the state law claims.

Rule of Law

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Issue

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Holding and Reasoning (Nelson, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
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Dissent (Leavy, J.)

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