Alisa Bebedzhyan v. Wells Fargo & Company et al

Filing 9

ORDER TO REMAND CASE TO LOS ANGELES COUNTY SUPERIOR COURT by Judge S. James Otero. Case is remanded to Los Angeles Superior Court, Case number BC624940. IT IS SO ORDERED. Pursuant to the above stipulation of the parties, the matter shall be remande d to the Superior Court for the State of California, County of Los Angeles. IT IS FURTHER ORDERED that upon remand of the action to state court, Plaintiff will immediately file a Request for Dismissal without prejudice as to all claims asserted against individual defendants Isabel Mercado and Zorik Yegiaian without prejudice. (See attached document for details.) Case Terminated. Made JS-6 (mailed 8/25/16) (lom)

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JS-6 1 2 3 August 25, 2016. VC P 4 August 25, 2016. 5 VC P 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION 10 11 12 13 14 15 16 17 18 19 ALISA BEBEDZHYAN, ) ) Plaintiff, ) ) vs. ) ) WELLS FARGO BANK, LTD., ) WELLS FARGO BANK, NATIONAL ) ASSOCIATION, WELLS FARGO & ) COMPANY, WELLS FARGO & CO., ) INC., TONY HARUTYUNIAN, ) ISABEL MERCADO, ZORIK ) YEGIAIAN, and DOES 1 to 100, ) inclusive, ) ) Defendants. ) ) Case No.: 2:16-cv-5551 The Honorable James Otero xxxxxxxxxxxxxxxx [PROPOSED] ORDER TO REMAND CASE TO LOS ANGELES COUNTY SUPERIOR COURT Action Filed: June 24, 2016 20 21 22 23 24 25 26 27 28 -1- ORDER 1 2 3 IT IS SO ORDERED. Pursuant to the above stipulation of the parties, the matter 4 shall be remanded to the Superior Court for the State of California, County of Los 5 Angeles. IT IS FURTHER ORDERED that upon remand of the action to state court, 6 Plaintiff will immediately file a Request for Dismissal without prejudice as to all claims 7 asserted against individual defendants Isabel Mercado and Zorik Yegiaian without 8 prejudice. Defendants shall produce the dismissed individual defendants for depositions 9 and for trial without the need to subpoena them and shall agree to furnish the last known 10 address of each individual defendant in the event that the individual is no longer 11 employed by Wells Fargo or under their control. No party to this federal action shall be 12 considered the prevailing party for the purposes of any law or statute entitling the 13 prevailing party to attorney’s fees and/or litigation costs in connection with the removal, 14 remand, or dismissals. Defendants shall waive all costs and fees against Plaintiff for 15 their defense of the dismissed individual defendants. Neither party will mention or 16 reference during trial that the dismissed individuals were ever defendants in this action. 17 Defendants shall not to attempt to remove this action again. Each party will bear her/its 18 own attorneys’ fees and costs in connection with the removal and remand of this action 19 and in connection with the dismissal of the individual defendants through this 20 Stipulation. 21 After remanding this action, the Clerk of the Court is directed to close the case. 22 23 25 Dated: August __, 2016 24 25 26 The Honorable James Otero United States District Court Judge 27 28 -2- 1 BEBEDZHYAN v. WELLS FARGO, et al. USDC Case No. 2:16-cv-5551 2 PROOF OF SERVICE 3 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 4 I am an employee in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is 225 Santa Monica Boulevard, Suite 700, Santa Monica, California 90401. 5 6 7 8 9 10 11 12 13 14 15 On August 23, 2016, I served the foregoing document, described as “[PROPOSED] ORDER TO REMAND CASE TO LOS ANGELES COUNTY SUPERIOR COURT” on all interested parties in this action by placing a true copy thereof in a sealed envelope, addressed as follows: BY CM/ECF NOTICE OF ELECTRONIC FILING: I electronically filed the document(s) with the Clerk of the Court by using the CM/ECF system. Participants in the case who are registered CM/ECF users will be served by the CM/ECF system. Participants in the case who are not registered CM/ECF users will be served by mail or by other means permitted by the court rules. (FEDERAL) I declare that I am employed in the office of a member of the bar of this Court at whose direction the service was made. Executed on August 23, 2016, at Santa Monica, California. 16 17 Jose Castro 18 19 20 21 22 23 24 25 26 27 28 -3-

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