Laura Vasquez v. JustFoodForDogs, LLC et al

Filing 15

ORDER GRANTING JOINT STIPULATION TO REMAND CASE TO LOS ANGELES COUNTY SUPERIOR COURT by Judge Andre Birotte Jr.: Upon Stipulation 14 , this action is remanded to Los Angeles County Superior Court, Case Number BC689098. Each party shall bear her/its own attorneys' fees and costs incurred in connection with the removal of this action to Federal Court and the remand to State Court. Neither Party has waived any right to attorneys' fees or costs to which it is otherwise entitled to in connection with this litigation. ( Case Terminated. Made JS-6 ) (gk)

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JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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11 LAURA VASQUEZ, on behalf of
herself and all other similarly situated,
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Plaintiff,
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vs.
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JUSTFOODFORDOGS, LLC, a
15 California limited liability company, and
DOES 1 through 10, inclusive,
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Defendants.
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Case No. 2:18-cv-01739-AB (MRWx)
HONORABLE ANDRE BIROTTE JR.
COURTROOM 7B
[PROPOSED] ORDER GRANTING
JOINT STIPULATION TO REMAND
CASE TO LOS ANGELES COUNTY
SUPERIOR COURT
(Los Angeles Superior Court Case
No. BC689098)

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Having considered the Joint Stipulation between Defendant

20 JustFoodForDogs, Inc. (“Defendant”) and Plaintiff Laura Vasquez (“Plaintiff”),
21 collectively referred to herein as the “Parties,” to remand this action to State Court
22 and for good cause shown, it is hereby determined that:
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1.

Plaintiff has no injury in fact for the same reasons the plaintiffs in

24 Bassett v. ABM Parking Services, Inc., ___ F.3d ___, 2018 WL 987954 (9th. Cir.
25 Feb. 21, 2018) (“Bassett”) and Edelstein v. Westlake Wellbeing Properties, LLC,
26 United States District Court for the Central District of California, Case No. 1727 06488-AB (JEMx) (the “Edelstein Action”) lacked an injury in fact, and as such,
28 Plaintiff lacks Article III standing in this matter.
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ORDER GRANTING STIPULATUION TO
REMAND ACTION TO STATE COURT

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2.

Remand is proper based on the rationale in the Court’s Order Granting

2 Plaintiffs’ Request for Remand in the Edelstein Action, a true and correct copy of
3 which is attached hereto as Exhibit A and incorporated herein as if set forth in full
4 (the “Edelstein Remand Order”);
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3.

Defendant may remove this action to Federal Court if there is a change

6 in law, fact, pleadings, or briefings which would confer Federal Court jurisdiction.
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Based on the foregoing, Case No. 2:18−cv−01739−AB (MRWx) is remanded

8 to Los Angeles County Superior Court. Each party shall bear her/its own attorneys’
9 fees and costs incurred in connection with the removal of this action to Federal
10 Court and the remand to State Court. Neither Party has waived any right to
11 attorneys’ fees or costs to which it is otherwise entitled to in connection with this
12 litigation.
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IT IS SO ORDERED.

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15 Dated:
Judge of the United States District Court
Central District of California

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2499/028397-0033
12082372.2 a03/09/18

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ORDER GRANTING STIPULATUION TO
REMAND ACTION TO STATE COURT