Gutierrez v. Asset Management Specialist Inc.

Filing 16

ORDER STIPULATION AND REMANDING CASE to Fresno County Superior Court,signed by Magistrate Judge Gary S. Austin on 08/6/2013. CASE CLOSED Copy of remand order sent to other court Case # 12CECG03577 DSB, Fresno County Superior Court, 1130 O Street Fresno, CA 93721-2220. (Martin-Gill, S)

1 Jeremy T. Naftel, State Bar No. 185215
[e-mail]
2 Joel Van Parys, State Bar No. 227387
[e-mail]
3 CAROTHERS DISANTE & FREUDENBERGER LLP
900 University Avenue
4 Suite 200
Sacramento, California 95825
5 Telephone: [phone]
Facsimile: [phone]
6
Attorneys for Defendant
7 ASSET MANAGEMENT SPECIALIST, INC.
8 Daniel F. Gaines, State Bar No. 251488
[e-mail]
9 Alex P. Katofsky, State Bar No. 202754
[e-mail]
10 GAINES & GAINES, APLC
21550 Oxnard Street, Suite 980
11 Woodland Hills, California 91367
Telephone: [phone]
12 Facsimile: [phone]
13 Attorneys for Plaintiff
JESUS GUTIERREZ, on behalf of himself and all others
14 similarly situated, and on behalf of the general public
15

UNITED STATES DISTRICT COURT

16

EASTERN DISTRICT OF CALIFORNIA, FRESNO

17 JESUS GUTIERREZ, on behalf of himself and
all others similarly situated, and on behalf of the
18 general public,
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20
21
22
23

)
)
)
)
Plaintiff,
)
)
vs.
)
)
ASSET MANAGEMENT SPECIALIST, INC., a )
Nevada corporation, and DOES 1 through 10,
)
inclusive,
)
)
Defendants.
)
)

Case No. 1:13-CV-00149-LJO-GSA
STIPULATION AND ORDER TO
REMAND TO SUPERIOR COURT OF
CALIFORNIA FOR FRESNO COUNTY

24
25

IT IS HEREBY STIPULATED by and between the parties, through their counsel of record,

26 as follows:
27

This matter was originally filed in Fresno County Superior Court, Case No. 12CECG03577

28 DSB and was removed by Defendants to federal court pursuant to 28 U.S.C. §§ 1441 and 1446.
1
708382.1

STIPULATION & [PROPOSED] ORDER TO
REMAND TO SUPERIOR COURT OF
CALIFORNIA FOR FRESNO COUNTY

1 Defendants believe they have an objectively reasonable basis for removal. That said, in an effort to
2 avoid the expense, time and resources needed to contest remand, the parties submit this Stipulation
3 and jointly request that the Court enter an Order to have this matter remanded to the Superior Court
4 of California for the County of Fresno. Given the parties’ agreement to have this matter remanded
5 to state court, Plaintiff and Plaintiff’s counsel also agree that they will not seek an award of fees or
6 costs against Defendants relating to Defendants’ removal of this matter.
7
8 Dated: August 5, 2013

CAROTHERS DISANTE & FREUDENBERGER LLP

9
By:

/s/ Jeremy T. Naftel
Jeremy T. Naftel
Attorneys for Defendant
Asset Management Specialist, Inc.

10
11
12
13
Dated: August 5, 2013

GAINES & GAINES, APLC

14
15

By:

/s/ Daniel F. Gaines (authorized on August 5, 2013)
Daniel F. Gaines
Attorneys for Plaintiff
Jesus Gutierrez

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17
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19

ORDER

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Based on the above stipulation, IT IS HEREBY ordered that this case be remanded to the

21 Superior Court of California for the County of Fresno. The Clerk of the Court is directed to close
22 this case.
23
24
25 IT IS SO ORDERED.
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27

Dated:

August 6, 2013

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

28 6i0kij8d
2
708382.1

STIPULATION & [PROPOSED] ORDER TO
REMAND TO SUPERIOR COURT OF
CALIFORNIA FOR FRESNO COUNTY