Patrick Sinay v. Essendant Co. et al

Filing 22

MINUTES (IN CHAMBERS) by Judge Percy Anderson : granting 11 MOTION to Remand Case to State Court. Case Remanded to Los Angeles Superior Court, Case No. BC651043. MD JS-6. Case Terminated. (mrgo)

JS-6

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 17-2315 PA (RAOx)

Title

Patrick Sinay, et al. v. Essendant Co., et al.

Present: The Honorable

Date

May 3, 2017

PERCY ANDERSON, UNITED STATES DISTRICT JUDGE

V.R. Vallery

Not Reported

N/A

Deputy Clerk

Court Reporter

Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

None

None

Proceedings:

IN CHAMBERS

Before the Court is a Motion to Remand filed by plaintiff Patrick Sinay (“Plaintiff”) (Docket No.
11). Defendant Essendant Co. (“Defendant”) has filed a Notice of Non-Opposition. Pursuant to Rule 78
of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds that this matter is
appropriate for decision without oral argument. The hearing calendared for May 15, 2017, is vacated,
and the matter taken off calendar.
In light of Defendant’s Non-Opposition, the Court grants the Motion to Remand. As the Court
stated in its April 21, 2017 minute order denying the parties’ Stipulation to Remand, the Court remains
concerned that the parties may seek to evade the Scheduling Order the Court previously entered in this
action. Should the action be removed again, absent significantly different circumstances, the Court
would, in all likelihood, set pretrial and trial dates consistent with those contained in the Scheduling
Order. The Court would also potentially make additional inquiries to determine if one or more parties or
counsel were engaging in gamesmanship or other efforts to evade the Court’s orders and the
requirements of the Local Rules.
For all of the foregoing reasons, this action is remanded to Los Angeles Superior Court, Case No.
BC651043.
IT IS SO ORDERED.

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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