Moland et al v. City of Ceres et al
Filing
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ORDER REMANDING CASE to Stanislaus County Superior Court Pursuant to Stipulation signed by Chief Judge Lawrence J. O'Neill on 2/7/2017. CASE CLOSED. Copy of remand order mailed to Stanislaus County Superior Court. (Jessen, A)
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Michael J. Dyer- SBN: 109297
Dustin J. Dyer SBN 274308
DYER LAW FIRM
5250 Claremont Ave. Suite 119
Stockton, California 95207
Telephone: (209) 472-3668
Fax (209) 472-3675
Attorneys for Plaintiffs
ROSIO MOLAND, et. al.
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ROSIO MOLAND, individually; and as
guardian ad litem for Shon Moland and Mya
Moland; and as administratrix of the Jason
Moland Estate; SHON MOLAND; and MYA
MOLAND;
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Plaintiff,
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vs.
CITY OF CERES dba CERES POLICE
DEPARTMENT; THOMAS MILLER; and
Does 1 through 100, inclusive,
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) Case No.: 1:16 –CV-01073-LJO-SKO
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) STIPULATION TO REMAND REMOVED
) ACTION; ORDER THEREON
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Defendants.
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ROSIO MOLAND, individually; and as guardian ad litem for Shon Moland and Mya
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Moland; and as administratrix of the Jason Moland Estate; SHON MOLAND; and MYA
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MOLAND (hereinafter “Plaintiffs”), CITY OF CERES dba CERES POLICE DEPARTMENT
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and THOMAS MILLER stipulate as follows:
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1. On May 6, 2016, Plaintiffs commenced an action in the Superior Court of the
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State of California in and for the County of Stanislaus entitled ROSIO MOLAND, individually;
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and as guardian ad litem for Shon Moland and Mya Moland; and as administratrix of the Jason
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Moland Estate; Shon and Mya Moland, Plaintiffs, vs City of Ceres dba Ceres Police
STIPULATION TO REMAND REMOVAL ACTION; ORDER THEREON
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Department; Thomas Miller; and Does 1 through 100, inclusive, Defendants as Case No.
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2020043.
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2. On July 25, 2016, Defendant City of Ceres filed a notice of removal to Federal
Court pursuant to 28 USC §§ 1446(a), (b), 1367(a) and 1391(b).
3. Defendants each filed motions to dismiss in federal court. After completion of
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these motions, Plaintiff, pursuant to Court order, filed a Second Amended Complaint. The
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Second Amended Complaint did not contain federal causes of action, which were present in prior
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versions of Plaintiff’s complaint.
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4. After some discussion, the parties have agreed that the Action should be
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remanded to Stanislaus County Superior Court. To that end, the Parties hereby stipulate that the
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Action be remanded to Stanislaus County Superior Court.
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5. The Parties further stipulate that each party shall bear its own attorneys’ fees and
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costs with respect to the removal and subsequent remand of the Action pursuant to this
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stipulation and order.
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Dated: February ___, 2017
Arata, Swingle, Van Egmond & Goodwin
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__________________________________
Bradley Swingle, Attorney for Defendant City of
Ceres
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Dated: February ___, 2017
Goyette & Associates Inc.
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__________________________________
Gary Goyette, Attorney for Thomas Miller
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Dated: February ___, 2017
Dyer Law Firm
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__________________________________
Dustin Dyer, Attorney for Plaintiffs
STIPULATION TO REMAND REMOVAL ACTION; ORDER THEREON
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ORDER
In February of 2017, the Parties to the above-referenced actions filed a Stipulation to
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Remand Removed Action. The Court having reviewed that stipulation and good cause appearing,
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order as follows:
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1. The Parties’ stipulation is approved;
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2. Eastern District of California Case Number 1:16 –CV-01073-LJO-SKO entitled ROSIO
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MOLAND, individually; and as guardian ad litem for Shon Moland and Mya Moland; and as
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administratrix of the Jason Moland Estate; Shon and Mya Moland, Plaintiffs, vs City of Ceres
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dba Ceres Police Department; Thomas Miller; and Does 1 through 100, Defendants is hereby
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remanded to Stanislaus County Superior Court.
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IT IS SO ORDERED.
Dated:
/s/ Lawrence J. O’Neill _____
February 7, 2017
UNITED STATES CHIEF DISTRICT JUDGE
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STIPULATION TO REMAND REMOVAL ACTION; ORDER THEREON
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