Ryan Kieslich v. California Cinema Investments LLC et al

Filing 22

ORDER GRANTING Joint Stipulation and Request for Entry of Order Granting Leave to Amend the Complaint to Withdraw Plaintiff's FLSA Claim (Claim1) and Remand the Action 20 by Judge John F. Walter that (1) The Joint Stipulation to Amend Plaintif f's First Amended Complaint so as to withdraw Plaintiff's first claim for relief under the FLSA pursuant to Federal Rule 15(a) is GRANTED; (2) Claim 1 of Plaintiff First Amended Complaint is deemed WITHDRAWN without prejudice to the right o f Plaintiff to assert such a claim at a later date; (3) Plaintiff is granted leaved to amend the FAC by filing the [Proposed] Second amended Complaint, attached at Exhibit A to the parties Joint Stipulation, pursuant to Local Rule 15-1 et seq. (4) In light of the amendment of the Plaintiff's complaint so as to withdraw Plaintiff's sole federal claim, the Court is divested of federal question subject matter jurisdiction, and the Court exercises its discretion to remand the instant actio n to the state court where it originated. The Clerk is therefore directed to REMAND this case to the Superior Court for Los Angeles County, Central District, Central Civil West Courthouse, 600 South Commonwealth Avenue, Los Angeles, California, 90005 , LASC Case No. BC664439. (5) Each of the Parties shall bear his/her/its own attorneys fees and costs with respect to the removal and subsequent remand of the instant action; and (6) After the remand has been effected, the Clerk is directed to CLOSE THIS CASE. (Made JS-6 Case Terminated.) (jp)

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RICHARD E. QUINTILONE II (SBN 200995)
[e-mail]
ALVIN B. LINDSAY (SBN 220236)
[e-mail]
GEORGE A. ALOUPAS (SBN 313112)
JS-6
[e-mail]
QUINTILONE & ASSOCIATES
22974 EL TORO ROAD, SUITE 100
LAKE FOREST, CA 92630
TELEPHONE: [phone]
FACSIMILE: [phone]
Attorneys for Plaintiff, RYAN KIESLICH on behalf of himself and on behalf of a Class
of all other persons similarly situated
ROBERT L. SHIPLEY, CA. STATE BAR NO 109420)
[e-mail]
BRANDON S. GRAY, CA State Bar No. 109420
[e-mail]
ROBERT L. SHIPLEY, APLC
2784 GATEWAY RD, SUITE 104
CARLSBAD, CA 92009
TELEPHONE: [phone]
FACSIMILE: 760.438.3706
Attorneys for Defendant CALIFORNIA CINEMA INVESTMENTS, LLC

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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RYAN KIESLICH, on behalf of himself Case No.: 2:17-cv-06985-JFW (JPRx)
and on behalf of a Class of all other
CLASS ACTION
persons similarly situated
Assigned For All Purposes To:
Plaintiff,
Hon. John F. Walter
Courtroom 7A, First Street Courthouse
vs.
ORDER GRANTING JOINT
CALIFORNIA CINEMA
STIPULATION AND REQUEST FOR
INVESTMENTS, LLC, a Delaware
Corporation; and DOES 1 through 100, ENTRY OF ORDER GRANTING LEAVE
inclusive,
TO AMEND THE COMPLAINT TO
WITHDRAW PLAINTIFF’S FLSA
Defendants.
CLAIM (CLAIM 1) AND REMAND THE
ACTION
[Filed with Joint Stipulation for Order Entry]

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Complaint Filed: June 8, 2017
FAC Filed: August 14, 2017
Removed: September 21, 2017
-1ORDER GRANTING JOINT STIPULATION FOR ORDER GRANTING LEAVE TO AMEND
PLAINTIFF’S FAC TO WITHDRAW FLSA CLAIM AND FOR REMAND

ORDER

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The Court has reviewed the Joint Stipulation and Request for Entry of Order

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Granting Leave to Amend the Complaint to Withdraw Plaintiff’s FLSA Claim and

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Remand the Action (“Joint Stipulation”) submitted by PLAINTIFF RYAN KIESLICH

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(“Plaintiff”), on behalf of himself and all other similarly situated employees of

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DEFENDANT CALIFORNIA CINEMA INVESTMENTS, LLC (“Defendant”), and

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Defendant (collectively, “the parties”).

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The parties stipulated to the amendment of Plaintiff’s First Amended

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Complaint (Dkt. 1, Exh. “C”, Att. “2”) so as to withdraw the sole federal claim

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(Claim 1) without prejudice and request an Order remanding the case to state court.

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The Court approves the relief requested.

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supplemental jurisdiction over Claims 2 through 11, which seek recovery

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predicated on state law Labor Code violations. The Court remands this action to

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state court.

The Court declines to exercise

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Accordingly, it is ORDERED, ADJUDGED, and DECREED:

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1.

The Joint Stipulation to Amend Plaintiff’s First Amended Complaint so as

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to withdraw Plaintiff’s first claim for relief under the FLSA pursuant to Federal Rule

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15(a) is GRANTED;

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2.

Claim 1 of Plaintiff’s First Amended Complaint (“FAC”) is deemed

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withdrawn without prejudice to the right of Plaintiff to assert such a claim at a later

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date;

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3.

Plaintiff is granted leave to Amend the FAC by filing the [Proposed]

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Second Amended Complaint, attached at Exhibit A to the parties’ Joint Stipulation,

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pursuant to Local Rule 15-1 et seq.

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4.

In light of the amendment of the Plaintiff’s complaint so as to withdraw

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Plaintiff’s sole federal claim, the Court is divested of federal question subject matter

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jurisdiction, and the Court exercises its discretion to remand the instant action to the

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state court where it originated. The Clerk is therefore directed to REMAND this case
-2ORDER GRANTING JOINT STIPULATION FOR ORDER GRANTING LEAVE TO AMEND
PLAINTIFF’S FAC TO WITHDRAW FLSA CLAIM AND FOR REMAND

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to the Superior Court for Los Angeles County, Central District, Central Civil West

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Courthouse, 600 South Commonwealth Avenue, Los Angeles, California, 90005,

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LASC Case No. BC664439.

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Each of the Parties shall bear his/her/its own attorneys’ fees and costs with

respect to the removal and subsequent remand of the instant action; and

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6.

After the remand has been effected, the Clerk is directed to CLOSE

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THIS CASE.

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IT IS SO ORDERED.

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Dated: October 10, 2017
________________________________
HON. JOHN F. WALTER
United States District Judge

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-3ORDER GRANTING JOINT STIPULATION FOR ORDER GRANTING LEAVE TO AMEND
PLAINTIFF’S FAC TO WITHDRAW FLSA CLAIM AND FOR REMAND