Barrios v. American Property Management, Inc.

Filing 35

STIPULATION and ORDER to dismiss individual claims with prejudice and REMAND this action to State Court signed by District Judge Anthony W. Ishii on 10/7/2019. Certified Copy of remand order sent to Stanislaus County Superior Court. CASE CLOSED. (Lundstrom, T)

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LAW OFFICE OF THOMAS P. HOGAN
Thomas P. Hogan, Esq. (SBN 95055)
[e-mail]
Shawnte Priest, Esq. (SBN 298460)
[e-mail]
1207 13th Street, Suite 1
Modesto, CA 95354
Telephone: [phone]
Facsimile: [phone]
SHIMODA LAW CORP.
Galen T. Shimoda (SBN 226752)
[e-mail]
Erika R. C. Sembrano (SBN 306635)
[e-mail]
9401 East Stockton Blvd., Ste 200
Elk Grove, California 95624
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff
JESSICA BARRIOS
LEWIS BRISBOIS BISGAARD & SMITH LLP
Derek S. Sachs (SBN 253990)
[e-mail]
ADAM P. SMITH, SBN 322035
[e-mail]
2020 West El Camino Avenue, Suite 700
Sacramento, CA 95833
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
AMERICAN PROPERTY MANAGEMENT, INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION
Case No. 1:18-cv-00352-AWI-SKO

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JESSICA BARRIOS,
Plaintiff,

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STIPULATION AND ORDER TO DISMISS
INDIVIDUAL CLAIMS WITH
PREJUDICE AND REMAND THIS
ACTION TO STATE COURT

vs.
AMERICAN PROPERTY MANAGEMENT,
INC. and DOES 1 through 10 inclusive,

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Defendants.

STIPULATION & ORDER RE DISMISSAL AND REMAND

1:18-cv-00352-AWI-SKO 1

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On October 7, 2019, the parties filed the following stipulation:

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This Stipulation and Proposed Order is entered into between Plaintiff Jessica Barrios (“Plaintiff”)

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and Defendant American Property Management, Inc. (“Defendant”) (Plaintiff and Defendant all

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collectively, the “Parties”), by and through their counsel of record, as follows:

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WHEREAS Plaintiffs filed a complaint alleging class and individual claims against Defendant in

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the Superior Court of California for the County of Stanislaus, Case No. 2028910 on February 9, 2018

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including claims for unlawful discrimination based on sex and wrongful termination in violation of

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public policy;

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WHEREAS Defendant removed Plaintiff’s lawsuit to the United States District Court for the
Eastern District of California on approximately March 12, 2018 solely based on diversity jurisdiction
under 28 U.S.C. § 1332 and on the value of Plaintiff’s individual claims, with the remaining state law
class claims being maintained through supplemental jurisdiction pursuant to 28 U.S.C. § 1367;
WHEREAS the Parties have met and conferred regarding these matters and agreed that
Plaintiffs’ individual claims for unlawful retaliation, unlawful discrimination based upon sex, and
wrongful termination in violation of public policy (Plaintiff’s tenth, eleventh, and twelfth causes of

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action) should be dismissed with prejudice;
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WHEREAS these dismissed claims were the basis for satisfying the amount in controversy
requirements of original jurisdiction pursuant to 28 U.S.C. § 1332;
WHEREAS the Parties have met and conferred regarding these matters and agreed that
supplemental jurisdiction of the remaining state law claims should be denied pursuant to 28 U.S.C. §
1367(c)(2)-(3), Rodriguez v. Emeritus Corp., 2018 U.S. Dist. LEXIS 151295 (E.D. Cal. 2018), and
Ayala v. Infinity Ins. Co., 2010 U.S. Dist. LEXIS 75591 (C.D. Cal. 2010) and that the Court should
remand the lawsuit back to the Superior Court of California for the County of Stanislaus, Case No.
2028910;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the
Parties, subject to the approval of the Court, as follows:

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1.

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prejudice;

That Plaintiff’s tenth, eleventh, and twelfth causes of action should be dismissed with

STIPULATION & [PROPOSED] ORDER RE DISMISSAL AND REMAND

1:18-cv-00352-AWI-SKO

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2.

That the Court should decline supplemental jurisdiction of Plaintiff’s remaining state law

class action claims;
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That this case will be remanded to the Superior Court of California for the County of

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Stanislaus, Case No. 2028910.

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IT IS SO STIPULATED.

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Dated: October 7, 2019

LAW OFFICE OF THOMAS P. HOGAN

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By: __/s/__Shawnte Priest
______________
Thomas P. Hogan
Shawnte Priest
(As Authorized 10/6/19)
Attorneys for Plaintiff

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Dated: October 7, 2019

SHIMODA LAW CORP.

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By: _/s/ Justin P. Rodriguez
Galen T. Shimoda
Justin P. Rodriguez
Brittany V. Berzin
Attorneys for Plaintiff

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___________

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Dated: October 7, 2019

LEWIS BRISBOIS BISGAARD & SMITH LLP

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By:

/s/ Derek S. Sachs
Derek S. Sachs
(As Authorized 10/7/19)
Adam P. Smith
Attorneys for Defendant

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After consideration, the Court will give effect to the above stipulation.

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STIPULATION & [PROPOSED] ORDER RE DISMISSAL AND REMAND

1:18-cv-00352-AWI-SKO

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ORDER
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ACCORDINGLY, IT IS HEREBY ORDERED that:
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1.

Plaintiff’s tenth, eleventh, and twelfth causes of action are dismissed with prejudice;

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Pursuant to 28 U.S.C. § 1367(c), having dismissed Plaintiff’s tenth, eleventh, and twelfth

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causes of action, the Court declines supplemental jurisdiction of Plaintiffs’ remaining

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claims, which solely arise under state law; and
3.

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This case is REMANDED back to the Stanislaus County Superior Court, Case No. Case
No. 2028910; and

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The Clerk shall CLOSE this case and send a certified copy of this Order to the clerk of
the Stanislaus County Superior Court, pursuant to 28 U.S.C. § 1447(c).

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IT IS SO ORDERED.

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Dated: October 7, 2019

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JUDGE

SENIOR DISTRICT
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STIPULATION & [PROPOSED] ORDER RE DISMISSAL AND REMAND

1:18-cv-00352-AWI-SKO

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