Executive Software North America, Inc. v. U.S. District Court

24 F.3d 1545 (9th Cir. 1994)


Donna Page (P), a black woman, filed a complaint against Executive Software North America, Inc. (D) for employment discrimination. Page claimed that all employees were required to study the teachings of the Church of Scientology and that when Page refused to comply she was charged with a number of errors in her work and that she was denied the opportunity to contest those charges and was terminated. The suit was filed in state court and alleged that the termination was a subterfuge for illegal discrimination based on religious belief, being and woman, and against racial minorities. The complaint alleged two federal and three state causes of action and based on the federal claims filed in Page's lawsuit, D removed the action to federal court. The court then issued an order sua sponte to show cause why the three state law claims in the suit should not be remanded to state court. The court admonished the parties on the Gibbs requirements that the claims derive from a common nucleus of operative fact. The state claims were remanded, but no explanation was provided by the District Court. In its show cause order, the District Court stated that it did not interpret Section 1367 as restricting the discretionary factors set forth in Gibbs. D filed a writ of mandamus to compel the district court to retain jurisdiction over the state claims.