Gutierrez v. La Tapatia Tortilleria, Inc., et al

Filing 8

***DISREGARDED***STIPULATION and ORDER for Dismissal of the Fair Debt Collection Practices Act Cause of Action with Prejudice and Remand to State Court signed by District Judge Lawrence J. O'Neill on 06/12/2014. Copy of remand order sent to other court. CASE CLOSED.(Flores, E)

1 MARY KATE SULLIVAN (State Bar No. 180203)
[e-mail]
2 THOMAS N. ABBOTT (State Bar No. 245568)
[e-mail]
3 R. TRAVIS CAMPBELL (State Bar No. 271580)
[e-mail]
4 SEVERSON & WERSON
A Professional Corporation
5 One Embarcadero Center, Suite 2600
San Francisco, California 94111
6 Telephone: [phone]
Facsimile: [phone]
7
Attorneys for Defendant
8 GREEN TREE SERVICING LLC
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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BRIAN COLEMAN AND KARI ANN
13 COLEMAN,
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Plaintiffs,

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vs.

Case No.: 14-cv-00454-LJO-SKO
STIPULATION AND ORDER FOR
DISMISSAL OF THE FAIR DEBT
COLLECTION PRACTICES ACT CAUSE
OF ACTION WITH PREJUDICE AND
REMAND TO STATE COURT

16 GREEN TREE SERVICING LLC,
17

Defendant.

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14-cv-00454-LJO-SKO*
STIPULATION AND ORDER FOR DISMISSAL OF THE FAIR DEBT COLLECTION PRACTICES ACT CAUSE
OF ACTION WITH PREJUDICE AND REMAND TO STATE COURT

11293.0350/3298936.1

1

Plaintiffs BRIAN COLEMAN and KARI ANN COLEMAN (“Plaintiffs”) and defendant

2 GREEN TREE SERVICING LLC (“Defendant”), hereby stipulate and agree as follows:
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WHEREAS Plaintiffs’ original Complaint asserted causes of action under the Fair Debt

4 Collection Practices Act, 15 U.S.C. § 1692, et seq. (“FDCPA”) and California Rosenthal Fair Debt
5 Collection Practices Act, Cal. Civ. Code § 1788, et seq. (“Rosenthal Act”) (Doc. No. 1 at Ex. A.);
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WHEREAS Defendant timely removed the Complaint to this Court based on federal

7 question jurisdiction (Doc No. 1);

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WHEREAS In response to Defendant’s Motion to Dismiss the Complaint pursuant to

9 Federal Rule 12(b)(6), Plaintiffs filed a first amended complaint (“FAC”) that omits the FDCPA
10 cause of action (Doc. No. 8);
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WHEREAS Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure,

12 Plaintiffs and Defendant stipulate that the FDCPA cause of action is dismissed with prejudice;
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WHEREAS Because the Rosenthal Act cause of action is the only remaining cause of

14 action in the case, Plaintiffs and Defendant further stipulate and request an Order remanding the

15 case to the Superior Court of California, County of Tulare, where the action was originally filed;
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WHEREAS Defendant shall have thirty (30) days from the date of the entry of the attached

17 Order to respond to the FAC.
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Based on the foregoing, it is hereby STIPULATED that:

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1)

Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, the

20 FDCPA cause of action is dismissed with prejudice;
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2)

The action is remanded to the Superior Court of California, County of Tulare;

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3)

Defendant shall have thirty (30) days from the date of the entry of the attached

23 Order to respond to the FAC; and
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4)

Each party shall bear its own attorneys’ fees and costs associated with the dismissal

25 of Plaintiffs’ FDCPA cause of action and the resulting remand to Superior Court.
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14-cv-00454-LJO-SKO*
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STIPULATION AND ORDER FOR DISMISSAL OF THE FAIR DEBT COLLECTION PRACTICES ACT CAUSE
OF ACTION WITH PREJUDICE AND REMAND TO STATE COURT

11293.0350/3298936.1

1 DATED: June 6, 2014
2

SEVERSON & WERSON
A Professional Corporation
By:

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/s/R. Travis Campbell
R. Travis Campbell

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Attorneys for Defendant
GREEN TREE SERVICING LLC

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7 DATED: June 6, 2014

LAW OFFICES OF TODD M. FRIEDMAN, P.C.

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By:

/s/Nicholas J. Bontrager
Nicholas J. Bontrager

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Attorneys for Plaintiffs
BRIAN COLEMAN and KARI ANN COLEMAN

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ORDER

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Based on the stipulation of the parties set forth above:
1)

Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, the

FDCPA cause of action is dismissed with prejudice;
2)

The action is remanded to the Superior Court of California, County of Tulare;

3)

Defendant shall have thirty (30) days from the date of the entry of the attached

Order to respond to the FAC; and
4)

Each party shall bear its own attorneys’ fees and costs associated with the dismissal

of Plaintiffs’ FDCPA cause of action and the resulting remand to Superior Court.

21 IT IS SO ORDERED.
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Dated:

June 12, 2014

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/s/ Lawrence J. O’Neill
UNITED STATES DISTRICT JUDGE

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14-cv-00454-LJO-SKO*
3
STIPULATION AND ORDER FOR DISMISSAL OF THE FAIR DEBT COLLECTION PRACTICES ACT CAUSE
OF ACTION WITH PREJUDICE AND REMAND TO STATE COURT

11293.0350/3298936.1