Mirna Flamenco v. Mercedes Benz USA LLC et al

Filing 24

MINUTES (IN CHAMBERS) by Judge David O. Carter: ORDER GRANTING PLAINTIFF'S MOTION TO REMAND #18 . The Court finds the matter appropriate for resolution without oral argument. The Court now GRANTS Plaintiffs Motion. The Case is Remanded to Orange County Superior Court, No. 30-2021-01215912-CU-BC-CJC. MD JS-6. Case Terminated. (lc)

JS 6

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. 8:21-CV-01675-DOC-KES

Date: November 18, 2021

Title: MIRNA FLAMENCO V. MERCEDES BENZ USA LLC ET AL.
PRESENT:
THE HONORABLE DAVID O. CARTER, JUDGE
Karlen Dubon
Courtroom Clerk
ATTORNEYS PRESENT FOR
PLAINTIFF:
None Present

Not Present
Court Reporter
ATTORNEYS PRESENT FOR
DEFENDANT:
None Present

PROCEEDINGS (IN CHAMBERS): ORDER GRANTING PLAINTIFF’S
MOTION TO REMAND [18]
Before the Court is a Motion to Remand (Dkt. 18) (“Motion” or “Mot.”) brought
by Plaintiff Mirna Flamenco (“Plaintiff”). The Court finds the matter appropriate for
resolution without oral argument. Fed. R. Civ. P. 78; C.D. Cal. R. 715. The Court now
GRANTS Plaintiff’s Motion.
Plaintiff filed her original Complaint in the Orange County Superior Court on August
13, 2021. Notice of Removal (Dkt. 1-1). On October 7, 2021, Defendant Mercedes Benz
USA LLC (“Defendant”) removed the case to this Court. Notice of Removal. Plaintiff
filed her First Amended Complaint (“FAC”) (Dkt. 15) on October 28, 2021. Plaintiff
filed the instant Motion on November 8, 2021, which was set for hearing on December 6,
2021.
Per Local Rule 7-9, Defendant was required to file its opposition papers, if any, at
least twenty-one days before the hearing date. See C.D. Cal. R. 7-9. Although Defendant
did not file its Opposition, it did file a Notice Regarding Plaintiff’s Pending Motion to
Remand (Dkt. 23). In that Notice, Defendant stated that it had been prepared to stipulate
to the remand, but Plaintiff was unresponsive. Id. ¶ 5-9.

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. 8:21-CV-01675-DOC-KES

Date: November 18, 2021
Page 2

Given that both parties agree to the case’s remand, the Court hereby GRANTS the
Motion and REMANDS the case back to the Orange County Superior Court.
The Clerk shall serve this minute order on the parties.
Initials of Clerk: kdu