Hall v. The Permanente Medical Group, Inc.

Filing 10

STIPULATION and ORDER signed by District Judge Lawrence J. O'Neill on 7/7/2010 REMANDING CASE to Fresno County Superior Court. Certified Copy of remand order sent to Fresno County Superior Court. CASE CLOSED. (Lundstrom, T)

Hall v. The Permanente Medical Group, Inc.

Doc. 10

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
MCCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP
5 RIVER PARK PLACE EAST FRESNO, CA 93720-1501

David R. McNamara, # 133302 Christina M. Cusimano, # 258627 McCormick, Barstow, Sheppard, Wayte & Carruth LLP P.O. Box 28912 5 River Park Place East Fresno, CA 93720-1501 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant THE PERMANENTE MEDICAL GROUP, INC.

(SPACE BELOW FOR FILING STAMP ONLY)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

EVELYN HALL, Plaintiff, v. KAISER PERMANENTE; PHYSICIAN'S MEDICAL GROUP, INC., and DOES 1 through 10, inclusive, Defendants.

District Court Case No.: 1-10-CV-01103-LJODLB Superior Court Case No.: 10 CE CG 01376 STIPULATION AND ORDER FOR REMAND TO STATE COURT Action Filed: April 19, 2010

IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff EVELYN HALL and Defendant THE PERMANENTE MEDICAL GROUP, INC., acting by and through their respective attorneys of record, that this case be remanded from Federal to State Court. The parties request the Court enter an Order remanding this case to the Superior Court for the State of California, County of Fresno. Plaintiff asserts that jurisdiction is not proper in Federal Court due to the lack of subject matter jurisdiction because the underlying Collective Bargaining Agreement that Defendant alleges exists, while a part of the defenses to be alleged by Defendant, is not addressed in the Complaint and therefore, there is no federal preemption. Plaintiff's claims are therefore, from the face of the Complaint, not based on any Collective Bargaining Agreement. Therefore, the parties request that the Court approve this Stipulation and order this case remanded to State Court.
STIPULATION AND [PROPOSED] ORDER FOR REMAND TO STATE COURT
Dockets.Justia.com

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
MCCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP
5 RIVER PARK PLACE EAST FRESNO, CA 93720-1501

This stipulation can be executed in counterparts. Dated: July 2, 2010 PENNER, BRADLEY & SIMONIAN

By:

/s/ Peter Sean Bradley Peter Sean Bradley Attorneys for Plaintiff EVELYN HALL

Dated: July 2, 2010

McCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP

By:

/s/ David R. McNamara David R. McNamara Christina M. Cusimano Attorneys for Defendant THE PERMANENTE MEDICAL GROUP, INC.

ORDER IT IS SO ORDERED THAT: This case is hereby remanded to Fresno County Superior Court. Dated: July 7, 2010 __/S/ Lawrence J. O'Neill_______ HONORABLE JUDGE OF THE DISTRICT COURT
85124/00029-1584555.v1

2
STIPULATION AND [PROPOSED] ORDER FOR REMAND TO STATE COURT