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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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: [phone]
Attorneys for Defendant,
RICHARD SCHELLENBERG

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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BRANDON GREENE, RENE L.
BRANDT,

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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.

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On April 19, 2017, the parties filed the following stipulation:

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The parties, having met and conferred by and through counsel, do stipulate
to the following:
RECITALS

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WHEREAS, Plaintiffs Brandon Greene and Rene L. Brandt brought suit

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against Defendant Richard Schellenberg in the Superior Court of California in and

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for the County of Fresno on December 20, 2016; and,

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WHEREAS, Defendant Rick Schellenberg timely removed the matter to
Federal Court, followed by Plaintiffs’ timely motion to remand; and,

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LAW OFFICES
HERR PEDERSEN &
BERGLUND LLP
Attorneys at Law
100 Willow Plaza
Suite 300
Visalia, CA 93291
[phone]

-1STIPULATION TO REMAND AND ORDER THEREON

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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,

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WHEREAS, legal counsel for the parties agree that Defendant Richard

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Schellenberg’s responsive pleading shall be due seven (7) days from the order to

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remand on the superior court; then,

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The parties agree to the following,

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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.

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Respectfully submitted,
DATED: April 19, 2017

HERR PEDERSEN & BERGLUND LLP

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By:

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/s/ Leonard C. Herr
LEONARD C. HERR,
Attorneys for Defendant
RICHARD SCHELLENBERG

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DATED: April 19, 2017

LAW OFFICES OF KEVIN G. LITTLE

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By:

/s/ Robert A. Fuentes (auth. 4/19/17)
KEVIN G. LITTLE
ROBERT A. FUENTES
Attorneys for Plaintiffs
BRANDON GREEN and
RENE L. BRANDT

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LAW OFFICES
HERR PEDERSEN &
BERGLUND LLP
Attorneys at Law
100 Willow Plaza
Suite 300
Visalia, CA 93291
[phone]

-2STIPULATION TO REMAND AND ORDER THEREON

After review, the Court will give effect to the parties’ stipulation.

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Accordingly, IT IS HEREBY ORDERED that:

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1.
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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.

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Pursuant to the stipulation of the parties this matter is REMANDED forthwith to
the Fresno County Superior Court; and

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The hearing on Plaintiff’s motion to Remand is VACATED;

IT IS SO ORDERED.

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Dated:

April 19, 2017
SENIOR DISTRICT JUDGE

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LAW OFFICES
HERR PEDERSEN &
BERGLUND LLP
Attorneys at Law
100 Willow Plaza
Suite 300
Visalia, CA 93291
[phone]

-2STIPULATION TO REMAND AND ORDER THEREON