Freedom Magnet, LLC v. Performance Health Systems, LLC et al

Filing 12

ORDER Re Stipulation Withdrawing Notice of Removal of Civil Action and REMANDING action to State Court #11 by Judge Beverly Reid O'Connell that Notice of Removal (Dkt. No. 1) by Defendants is VACATED and WITHDRAWN in light of the parties' agreement that Plaintiff's Complaint is amended to dismiss the Third Claim for Relief against Defendants, without prejudice; (2) This action, in its entirety, is remanded back to the state court from which it was removed, specifically the Superior Court of the State of California for the County of Los Angeles, West Judicial District, Dept. O, Hon. Lisa Hart Cole (Original Case No. SC127323); (3) The parties will bear their own attorneys fees and costs incurred in connection with the removal and remand of this action; and (4) The court file in this case shall be transferred by the clerk of this Court to the clerk of the aforementioned state court, along with a certified copy of this Order of Remand. The state court may thereupon proceed with this case. (Made JS-6. Case Terminated.) (jp)

JS-6

1
2
3
4
5
6
7
8

BRIAN G. WOLF (BAR NO. 135257)
ZEV F. RABEN (BAR NO. 297406)
LAVELY & SINGER
PROFESSIONAL CORPORATION
2049 Century Park East, Suite 2400
Los Angeles, California 90067-2906
Telephone: [phone]
Facsimile: [phone]
Emails: [e-mail]
[e-mail]
Attorneys for Plaintiff
FREEDOM MAGNET, LLC

9
10

UNITED STATES DISTRICT COURT

11

CENTRAL DISTRICT OF CALIFORNIA – WESTERN DIVISION

12
13
14
15
16
17
18
19
20
21

FREEDOM MAGNET, LLC, a South )
Dakota limited liability company,
)
)
Plaintiff,
)
)
v.
)
)
PERFORMANCE HEALTH
)
SYSTEMS, LLC, a Delaware limited )
liability company; LEE S.
)
HILLMAN, an individual; and
)
DOES 1 through 20, inclusive,
)
)
Defendants.
)
)

CASE NO. 2:17-CV-03465 BRO (AJWx)
ORDER RE STIPULATION
WITHDRAWING NOTICE OF
REMOVAL OF CIVIL ACTION AND
REMANDING ACTION TO STATE
COURT

22
23
24
25
26
27
28

ORDER RE STIPULATION WITHDRAWING NOTICE OF REMOVAL

1

Having reviewed the stipulation of plaintiff Freedom Magnet, LLC (“Plaintiff”)

2

and defendants Performance Health Systems, LLC and Lee S. Hillman (collectively

3

“Defendants”) withdrawing Defendants’ prior Notice of Removal and remanding this

4

action to state court, and good cause appearing therefor, IT IS HEREBY ORDERED

5

THAT:

6

1.

Notice of Removal (Dkt. No. 1), filed on May 8, 2017 by Defendants is

7

vacated and withdrawn in light of the parties’ agreement that Plaintiff’s

8

Complaint is amended to dismiss the Third Claim for Relief against

9

Defendants, without prejudice;

10

2.

This action, in its entirety, is remanded back to the state court from which

11

it was removed, specifically the Superior Court of the State of California

12

for the County of Los Angeles, West Judicial District, Dept. O, Hon. Lisa

13

Hart Cole (Original Case No. SC127323);

14

3.

connection with the removal and remand of this action; and

15
16

The parties will bear their own attorneys’ fees and costs incurred in

4.

The court file in this case shall be transferred by the clerk of this Court to

17

the clerk of the aforementioned state court, along with a certified copy of

18

this Order of Remand. The state court may thereupon proceed with this

19

case.

20

IT IS SO ORDERED.

21
22
23
24
25

DATED: May 26, 2017
By:
Honorable Beverly R. O’Connell
United States District Court Judge

26
27
28

1
ORDER RE STIPULATION