Alvin Hayes v. Advanced Drainage Systems, Inc. et al

Filing 25

ORDER Approving Stipulation of Parties and REMANDING CASE to Kern County Superior Court signed by District Judge Dale A. Drozd on 02/13/2018. Copy of remand order sent to other court. CASE CLOSED.(Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALVIN HAYES, 12 Plaintiff, 13 14 15 No. 1:17-cv-00798-DAD-JLT v. ADVANCED DRAINAGE SYSTEMS, INC., APPROVING STIPULATION OF PARTIES AND REMANDING CASE TO THE KERN COUNTY SUPERIOR COURT Defendant. 16 This matter was removed to this court from Kern County Superior Court on June 12, 2017 17 18 on the basis of diversity under the Class Action Fairness Act (“CAFA”). (Doc. No. 1.) On July 19 7, 2017, plaintiff filed a motion to remand, claiming that the amount in controversy, which under 20 CAFA must exceed $5 million, was not satisfied in this case. (Doc. No. 5.) The court heard oral 21 argument on this motion on August 15, 2017. (Doc. No. 19.) On February 13, 2018, the parties 22 filed a stipulation noting that they had settled the matter for an amount less than the jurisdictional 23 threshold under CAFA, and jointly requested that this court remand the case back to the Kern 24 County Superior Court. (Doc. No. 24.) 25 ///// 26 ///// 27 ///// 28 ///// 1 1 Good cause appearing, the court therefore accepts the stipulation of the parties and directs 2 that this matter be remanded to the Kern County Superior Court. Accordingly, the Clerk of the 3 Court is directed to terminate any pending motions (Doc. No. 5) and close this case. 4 IT IS SO ORDERED. 5 Dated: February 13, 2018 UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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