Janet O'Brien v. Target Corporation et al

Filing 17

ORDER REMANDING CASE TO VENTURA COUNTY SUPERIOR 16 COURT by Judge Virginia A. Phillips. IT IS HEREBY ORDERED that Plaintiff JANET OBRIEN, as a result ofthe alleged incident and subsequent claim all described more fully in the Complaint in the matte r entitled Janet OBrien v. Target Corporation, State Case No. 56-2017-00494711-CU-PO-VTA and Federal Case No. 2:17-cv-04233-VAP-JC, hasincurred total damages, if any, that do not, and will never be claimed to, exceed $75,000.00. Accordingly, this case does not meet the jurisdictional requirements for removal as defined in 28 U.S.C. §1332(a), and this matter is hereby remanded to the Superior Court of California, County of Ventura. (MADE JS-6, CASE TERMINATED) (ab)

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E-Filed: 10/11/17
JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA – WESTERN DIVISION

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JANET O’BRIEN;

Case No.: 2:17-cv-04233-VAP-JC

Plaintiff,

[PROPOSED] ORDER REMANDING
CASE TO VENUTRA COUNTY
SUPERIOR COURT

v.
TARGET CORPORATION and DOES 1
TO 100.
Defendants.

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Having considered the stipulation between Plaintiff JANET O’BRIEN and
Defendant, TARGET CORPORATION, and good cause appearing therefor:
IT IS HEREBY ORDERED that Plaintiff JANET O’BRIEN, as a result of
the alleged incident and subsequent claim all described more fully in the Complaint
in the matter entitled Janet O’Brien v. Target Corporation, State Case No. 56-201700494711-CU-PO-VTA and Federal Case No. 2:17-cv-04233-VAP-JC, has
incurred total damages, if any, that do not, and will never be claimed to, exceed
$75,000.00. Accordingly, this case does not meet the jurisdictional requirements
for removal as defined in 28 U.S.C. §1332(a), and this matter is hereby remanded
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[PROPOSED] ORDER REMANDING CASE TO VENTURA COUNTY SUPERIOR COURT

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to the Superior Court of California, County of Ventura.

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Dated: October 11, 2017
Hon. Virginia A. Phillips
U.S. District Judge

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[PROPOSED] ORDER REMANDING CASE TO VENTURA COUNTY SUPERIOR COURT

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PROOF OF SERVICE

I am a citizen of the United States. My business address is Nicolson Law
Group, 1400 N. Providence Road, Suite 6035, Media, Pennsylvania 19063. I am
4 employed in the County of Los Angeles where this service occurs. I am over the
age of 18 years, and not a party to the within cause.
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On the date set forth below, according to ordinary business practice, I served
the foregoing document(s) described as:
[PROPOSED] ORDER REMANDING CASE TO VENTURA COUNTY
SUPERIOR COURT


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(BY FAX) I transmitted via facsimile, from facsimile number
818.858.1124, the document(s) to the person(s) on the attached
service list at the fax number(s) set forth therein, on this date before
5:00 p.m. A statement that this transmission was reported as complete
and properly issued by the sending fax machine without error is
attached to this Proof of Service.

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(BY E-MAIL) On this date, I personally transmitted the foregoing
document(s) via electronic mail to the e-mail address(es) of the
person(s) on the attached service list.

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(BY CM/ECF) I hereby certify that on this date, I electronically filed
the foregoing with the Clerk of the Court using the CM/ECF system
which will send notification of such filing to the e-mail addresses
denoted on the Electronic Mail notice list, and I hereby certify that I
have mailed the foregoing document or paper via the United States
Postal Service to the non-CM/ECF participants (if any) indicated on
the Manual Notice list.



(BY MAIL) I am readily familiar with my employer’s business
practice for collection and processing of correspondence for mailing
with the U.S. Postal Service, and that practice is that correspondence
is deposited with the U.S. Postal Service the same day as the day of
collection in the ordinary course of business. On this date, I placed
the document(s) in envelopes addressed to the person(s) on the
attached service list and sealed and placed the envelopes for collection
and mailing following ordinary business practices.
Kevin P. Flahavan, Esq.
Flahavan Law Offices
960 S. Westlake Blvd., Suite 202
Westlake Village, California 91361
Telephone No: [phone]
Facsimile No: [phone]
Attorney for Plaintiff
JANET O’BRIEN

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[PROPOSED] ORDER REMANDING CASE TO VENTURA COUNTY SUPERIOR COURT

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(BY PERSONAL SERVICE) On this date, I delivered by hand
envelope(s) containing the document(s) to the persons(s) on the
attached service list.

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(BY OVERNIGHT DELIVERY) On this date, I placed the
documents in envelope(s) addressed to the person(s) on the attached
service list, and caused those envelopes to be delivered to an
overnight delivery carrier, with delivery fees provided for, for nextbusiness-day delivery to whom it is to be served.

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

(Federal) I declare under penalty of perjury under the laws of the
United States of America that the foregoing is true and correct.
Executed on October 6, 2017, 2017 at Media, Pennsylvania.

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/s/ Gina Marie Fusaro
Gina Marie Fusaro

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[PROPOSED] ORDER REMANDING CASE TO VENTURA COUNTY SUPERIOR COURT