Moland et al v. City of Ceres et al

Filing 42

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: [phone]
Fax [phone]
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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