Hollins v. Garfield Beach CVS, L.L.C., et al.

Filing 32

STIPULATION and ORDER to Remand Case to State Court, signed by Magistrate Judge Barbara A. McAuliffe on 8/28/2024. REMANDING CASE to Fresno County Superior Court. Certified copy of remand order sent to other court. CASE CLOSED. (Rivera, O)

LA FOLLETTE, JOHNSON, DeHAAS, FESLER & AMES

1 Marissa A. Warren, Esq., State Bar No. 249583
Jennifer A. Schwarz, Esq, State Bar No, 253067
2 LA FOLLETTE, JOHNSON, DEHAAS, FESLER & AMES
2677 North Main Street, Suite 901
3 Santa Ana, California 92705-6632
Telephone [phone] • Facsimile [phone]
4 Email: [e-mail]
Email: [e-mail]
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Attorneys for Defendant
6 GARFIELD BEACH CVS, L.L.C.
7 Shaun J. Bauman, Esq. State Bar No. 249583
Estivi Ruiz, Esq. State Bar No. 249583
8 Bauman Law APLC
9 24003A Ventura Blvd., 2nd Floor
Calabasas, CA 91302-1447
10 Phone: [phone]
Fax: [phone]
11 Email: [e-mail]
12 Attorney for Plaintiff, BABARA HOLLINS
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UNITED STATES DISTRICT COURT

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EASTERN OF CALIFORNIA

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17 BARBARA HOLLINS,
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Plaintiff,

Case No.: 1:23-cv-00399-BAM
ASSIGNED TO MAGISTRATE JUDGE BARBARA
A. MCAULIFFE
COURTROOM No. 8

vs.

GARFIELD BEACH CVS, L.L.C.;
21 CVS PHARMACY, INC.; and DOES
TO 20, inclusive,
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Defendants.
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STIPULATION TO REMAND CASE TO
STATE COURT AND [PROPOSED]
ORDER THEREON
TRIAL DATE: 9/3/25
ACTION FILED: 01/23/23

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Defendant, GARFIELD BEACH CVS, L.L.C. (hereinafter “Defendant”) and

26 Plaintiff BARBARA HOLLINS (hereinafter “Plaintiff”), by and through their counsel of
27 record hereby stipulate to the following facts:
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1. This case was originally filed on January 25, 2023, in the Superior Court of
-11:23−cv−00399−BAM
STIPULATION TO REMAND CASE TO STATE COURT AND ORDER

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2. Defendant was served with the Summons and Complaint on February 17, 2023;

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3. On March 16, 2023, Defendant filed Notice of Removal Pursuant to 28 U.S.C.

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LA FOLLETTE, JOHNSON, DeHAAS, FESLER & AMES

California, County of Fresno, by the Plaintiff;

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Sections 1332, 1441 and 1446.
4. On July 24, 2024, Plaintiff provided Defendant with relevant information and
agreed that the amount of controversy is less than $75,000.00.
5. As such, the parties and their counsel agree that the amount in controversy in the
present matter is less than $75,000 and as such, the case should be remanded.
6. The parties and their counsel hereby agree and stipulate that the case be remanded
to Superior Court of California, County of Fresno.
7. The parties and their counsel also agree and stipulate that each side shall bear its
own costs and fees on remand.

13 IT IS SO STIPULATED
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BAUMAN LAW APLC

15 Dated:August 19, 2024
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/s/ ESTIVI RUIZ
SHAUN J, BAUMAN ESQ.
ESTIVI RUIZ, ESQ.
Attorneys for Plaintiff
BARBARA HOLLINS, an individual

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Dated: August 19, 2024

LA FOLLETTE, JOHNSON, DeHAAS, FESLER &
AMES

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By:
MARISSA A. WARREN, ESQ.
JENNIFER A, SCHWARZ, ESQ.
Attorneys for Defendant
GARFIELD BEACH CVS, L.L.C.
CERTIFICATE OF SERVICE
-21:23−cv−00399−BAM
STIPULATION TO REMAND CASE TO STATE COURT AND ORDER

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STATE OF CALIFORNIA

2 COUNTY OF ORANGE

]
] ss.
]

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I am employed in the County of Orange, State of California. I am over the age of
18 and not a party to the within action; my business address is LA FOLLETTE,
4 JOHNSON, DeHAAS, FESLER & AMES, 2677 North Main Street, Suite 901, Santa Ana,
5 California 92705-6632.
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LA FOLLETTE, JOHNSON, DeHAAS, FESLER & AMES

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I hereby certify that on August 19, 2024, I caused all of the pages of the foregoing
documents described as STIPULATION TO REMAND CASE TO STATE COURT
to be electronically filed with the United States District Court, EASTERN District of
California by using the CM/ECF system. I certify that the following parties or their
counsel of record are registered as ECF Filers and that they will be served by the CM/ECF
system regarding the case of BARBARA HOLLINS v. GARFIELD BEACH CVS,
L.L.C., et al., Court Case No. 1:23−cv−00399−BAM, Our Matter No. 06541.43703
MAW.

11 Shaun J. Bauman, Esq.
12 Estivi Ruiz, Esq.
Bauman Law APLC
13 24003A Ventura Blvd., 2nd Floor
Calabasas, CA 91302-1447
14 Phone: [phone]
Fax: [phone]
15 Email: [e-mail]
16 [e-mail]; [e-mail]; [e-mail]
Attorney for Plaintiff, BABARA HOLLINS
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I declare under penalty of perjury under the law of the United States of America
18 that the forgoing is true and correct.
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Executed on August 19, 2024, at Santa Ana, California.
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JEANNIE LASTUFKA

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JEANNIE LSTUFKA

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-31:23−cv−00399−BAM
STIPULATION TO REMAND CASE TO STATE COURT AND ORDER

ORDER

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On February 21, 2024, following the parties’ consent, this case was reassigned for

3 all purposes to Magistrate Judge Barbara A. McAuliffe. (Doc. 22.) On August 19, 2024,
4 the parties filed a Stipulation to Remand this action to state court, noting that the removal
5 was based upon diversity jurisdiction and the parties’ recent agreement that the amount of
6 controversy is less than $75,000.00. (Doc. 28.) On August 27, 2024, attorney Estivi Ruiz

LA FOLLETTE, JOHNSON, DeHAAS, FESLER & AMES

7 filed a notice of appearance clarifying that counsel Estivi Ruiz was admitted to practice in
8 this court and appeared as counsel for Plaintiff. (Doc. 31.)
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Having considered the record in this case and the instant Stipulation to Remand

10 Case to State Court, and good cause appearing, the Court hereby ORDERS this case
11 remanded back to the Superior Court of California, County of Fresno.
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13 IT IS SO ORDERED.
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Dated:

August 28, 2024

/s/ Barbara

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

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-41:23−cv−00399−BAM
STIPULATION TO REMAND CASE TO STATE COURT AND ORDER