Greene, et al. v. Schellenberg

Filing 7

STIPULATION TO REMAND AND ORDER THEREON RE 5 signed by District Judge Anthony W. Ishii on 4/19/2017. CASE REMANDED to Fresno County Superior Court. Certified Copy of remand order sent to other court. CASE CLOSED. (Lundstrom, T)

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1 2 3 4 5 6 Leonard C. Herr, #081896 Ron Statler, #234177 Caren L. Curtiss, #311218 HERR PEDERSEN & BERGLUND LLP Attorneys at Law 100 Willow Plaza, Suite 300 Visalia, California 93291 Telephone: (559) 636-0200 Attorneys for Defendant, RICHARD SCHELLENBERG 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 BRANDON GREENE, RENE L. BRANDT, 12 13 14 15 16 CASE NO.: 1:17−CV−00432−AWI−MJS Plaintiffs, STIPULATION TO REMAND AND ORDER THEREON v. RICHARD SCHELLENBERG and DOES 1-10, (Doc. No. 5) Defendants. 17 18 On April 19, 2017, the parties filed the following stipulation: 19 20 21 22 The parties, having met and conferred by and through counsel, do stipulate to the following: RECITALS 23 WHEREAS, Plaintiffs Brandon Greene and Rene L. Brandt brought suit 24 against Defendant Richard Schellenberg in the Superior Court of California in and 25 for the County of Fresno on December 20, 2016; and, 26 27 WHEREAS, Defendant Rick Schellenberg timely removed the matter to Federal Court, followed by Plaintiffs’ timely motion to remand; and, 28 LAW OFFICES HERR PEDERSEN & BERGLUND LLP Attorneys at Law 100 Willow Plaza Suite 300 Visalia, CA 93291 (559) 636-0200 -1STIPULATION TO REMAND AND ORDER THEREON 1 2 3 4 WHEREAS, legal counsel for the parties seek to dispose of the issue of removal and remand without further expense; and, WHEREAS, legal counsel for the parties have met and conferred on the matter and arrived at an agreement on the motion’s disposition; and, 5 WHEREAS, legal counsel for the parties agree that Defendant Richard 6 Schellenberg’s responsive pleading shall be due seven (7) days from the order to 7 remand on the superior court; then, 8 The parties agree to the following, 9 10 11 12 13 14 15 TERMS AND CONDITIONS 1. The matter shall be remanded back to the trial court without further proceedings in the District Court. 2. Each side shall bear their own costs and fees on the removal and the motion to remand. 3. Defendant Richard Schellenberg shall file a responsive pleading seven (7) days from the order to remand on the superior court. 16 17 18 Respectfully submitted, DATED: April 19, 2017 HERR PEDERSEN & BERGLUND LLP 19 By: 20 21 /s/ Leonard C. Herr LEONARD C. HERR, Attorneys for Defendant RICHARD SCHELLENBERG 22 23 DATED: April 19, 2017 LAW OFFICES OF KEVIN G. LITTLE 24 25 26 27 By: /s/ Robert A. Fuentes (auth. 4/19/17) KEVIN G. LITTLE ROBERT A. FUENTES Attorneys for Plaintiffs BRANDON GREEN and RENE L. BRANDT 28 LAW OFFICES HERR PEDERSEN & BERGLUND LLP Attorneys at Law 100 Willow Plaza Suite 300 Visalia, CA 93291 (559) 636-0200 -2STIPULATION TO REMAND AND ORDER THEREON After review, the Court will give effect to the parties’ stipulation. 1 2 Accordingly, IT IS HEREBY ORDERED that: 3 4 5 1. 2. 3. The Clerk shall terminated Plaintiff’s motion to remand (Doc. No. 5) in light of the parties’ stipulation and the remand of this case. 8 9 Pursuant to the stipulation of the parties this matter is REMANDED forthwith to the Fresno County Superior Court; and 6 7 The hearing on Plaintiff’s motion to Remand is VACATED; IT IS SO ORDERED. 10 11 Dated: April 19, 2017 SENIOR DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICES HERR PEDERSEN & BERGLUND LLP Attorneys at Law 100 Willow Plaza Suite 300 Visalia, CA 93291 (559) 636-0200 -2STIPULATION TO REMAND AND ORDER THEREON

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