Ramirez, et al v. Downey Savings and Loan Association, F.A. et al

Filing 15

ORDER on Stipulation Regarding Motion to Remand, REMANDING CASE to Stanislaus County Superior Court, and DENYING as MOOT the Motion to Dismiss 7 10 12 13 signed by Chief Judge Anthony W. Ishii on 9/10/2009. Copy of remand order sent to Stanislaus County Superior Court. CASE CLOSED (Figueroa, O)

1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT FOR THE 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 16 17 18 This case was removed from the Stanislaus County Superior Court on the basis of federal 19 question jurisdiction. Currently pending before the Court are Defendants' motion to dismiss 20 (hearing set for September 21, 2009) and Plaintiffs' motion to remand (hearing set for October 21 23, 2009). On September 8, 2009, the parties filed a stipulation to remand the case to state court. 22 See Court's Docket Doc. No. 13. The stipulation recites that the case was removed based on 23 federal question jurisdiction, a remand motion was filed on the basis that Plaintiffs do not raise 24 federal claims under the federal Truth In Lending Act, and the parties have engaged in 25 discussions and reached a resolution of the remand issue. See id. The stipulation states that 26 Defendants agree to a remand and to take their motion to dismiss off calendar, and that both sides 27 are to waive attorney's fees. See id. The Court will give effect to the stipulation. 28 FELIX RAMIREZ and ELSA VARGAS, ) ) Plaintiff, ) v. ) ) DOWNEY SAVINGS AND LOAN ) ASSOCIATION, F.A. d/b/a US BANK, ) DSL SERVICE COMPANY, and DOES ) 1-50, inclusive, ) ) Defendants. ) ____________________________________) 1:09-CV-1370 AWI SMS ORDER ON STIPULATION REGARDING MOTION TO REMAND, REMANDING CASE, AND DENYING AS MOOT THE MOTION TO DISMISS (Doc. Nos. 7, 10, 12, 13)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. 3. 4. 5. 1.

Accordingly, IT IS HEREBY ORDERED, as per the parties' stipulation, that: Plaintiffs' motion to remand is GRANTED and this case is REMANDED forthwith to the Stanislaus County Superior Court; The parties shall bear their own costs; Defendants' motion to dismiss is DENIED as moot; The September 21, 2009, and October 23, 2009, hearing dates are VACATED; and The Clerk shall CLOSE this case.

IT IS SO ORDERED. Dated: 0m8i78 September 10, 2009 /s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE

2