Diaz v. CarMax Auto Superstores California, LLC et al

Filing 16

ORDER VACATING MAY 13, 2015 HEARING AND STAYING DEFENDANTS MOTION TO DISMISS AND MOTION TO STRIKE AND SETTING HEARING ON PLAINTIFF'S MOTION TO REMAND. THE COURT SETS A MOTION HEARING as to 13 MOTION to REMAND BACK to STATE COURT for 6/10/2015 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. Signed by Magistrate Judge Stanley A. Boone on 4/22/2015. (Hernandez, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARIA ELENA DIAZ,

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Plaintiff,

ORDER VACATING MAY 13, 2015
HEARING AND STAYING DEFENDANT’S
MOTION TO DISMISS AND MOTION TO
STAY AND SETTING HEARING ON
PLAINTIFF’S MOTION TO REMAND FOR
JUNE 10, 2015

v.

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Case No. 1:15-cv-00523-AWI-SAB

CARMAX AUTO SUPERSTORES
CALIFORNIA, LLC,

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Defendant.
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On February 19, 2015, Plaintiff Maria Elena Diaz filed this action in the California

19 Superior Court for the County of Stanislaus. Defendant removed the action to the Eastern
20 District of California on April 3, 2015. On April 7, 2015, Defendant filed a motion to dismiss
21 and motion to strike. The motions were referred to the undersigned and a hearing is set for May
22 13, 2015.
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On April 20, 2015, Plaintiff filed a motion to remand this action back to the state court.

24 The motion to remand was referred to the undersigned by District Judge Anthony Ishii.
25 Plaintiff’s motion to remand is based on a lack of jurisdiction. Since Plaintiff is challenging this
26 Court’s jurisdiction, the motion to dismiss shall be stayed pending resolution of the motion to
27 remand.
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Accordingly, IT IS HEREBY ORDERED that:

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A hearing on Plaintiff’s motion to remand is set before the undersigned on June
10, 2015 at 10:00 a.m. in Courtroom 9;

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The hearing on Defendant’s motion to dismiss and motion to strike set for May
13, 2015 is vacated; and

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Defendant’s motion to dismiss and motion to strike are stayed pending resolution
of the motion to remand.

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IT IS SO ORDERED.

10 Dated:

April 22, 2015
UNITED STATES MAGISTRATE JUDGE

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