Mary T. Meredith et al v. Bondex International, Inc. et al

Filing 23

STIPULATION AND ORDER FOR IMMEDIATE REMAND OF CASE TO STATE COURT by Judge Manuel L. Real remanding case toLos Angeles County Superior Court, Case number BC391585 (bp)

1 Brian P. Barrow (State Bar No. 177906) 2 301 Ocean Boulevard, Suite 1950 3 Telephone: [phone]

SIMON, EDDINS & GREENSTONE LLP Long Beach, California 90802 Facsimile: [phone]

4 E-mail: [e-mail] 5 Attorneys for Plaintiffs 6 7 8 9 10 11 MARY T. MEREDITH, as personal 12 13 14 15 16 17 18

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA Case No. CV08-04443 R JTL Judge Manuel L. Real STIPULATION AND ORDER FOR IMMEDIATE REMAND OF CASE TO STATE COURT

representative etc., et al., vs.

Plaintiffs, BONDEX INTERNATIONAL, et al., Defendants.

Plaintiffs, along with defendant and removing party General Electric Company

19 ("GE"), previously submitted a stipulation for immediate remand of this case to Los 20 Angeles Superior Court. On September 15, this court declined to issue the proposed 21 order, finding that the parties' mere stipulation was not itself good cause for remand. 22 Plaintiffs and GE now re-submit their stipulation with the following showing of good 23 cause: GE originally removed this action under the federal officer removal statute (28 24 U.S.C. 1442) on the understanding that plaintiffs asserted claims against it for exposure 25 to products that GE supplied to the United States Navy. Plaintiffs' claims, however, do 26 not involve any products supplied by GE to the Navy. To confirm this, plaintiffs and 27 GE executed an underlying stipulation clarifying that plaintiffs do not intend to pursue 28 any causes of action against GE for Navy-based exposures or to seek recovery for any
1 STIPULATION AND ORDER FOR REMAND Case No. CV-08-04443 R JTL

1 damages for Navy-based exposures for which GE could otherwise be jointly liable. (A 2 copy of the stipulation is attached as Exhibit A.) Based on plaintiffs' indication that 3 they are not suing for any Navy-related exposures, plaintiffs and GE hereby agree that 4 there is no federal subject matter jurisdiction in this case and, therefore, good cause 5 exists for immediate remand of this case to state court. 6 7 DATED: September 30, 2008 SIMON, EDDINS & GREENSTONE LLP 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
2 STIPULATION AND ORDER FOR REMAND Case No. CV-08-04443 R JTL

By: Brian P. Barrow Attorneys for Plaintiffs

DATED: September 30, 2008 SEDGWICK DETERT MORAN & ARNOLD

By: Charles T. Sheldon Katherine P. Gardiner Attorneys for General Electric Company

THEREFORE, IT IS ORDERED THAT this case is remanded to Los Angeles Superior Court.

Dated: October 9, 2008

_____________________________________ District Judge Manuel L. Real