Romanov v. Westward Hospitality Management LLC et al

Filing 16

STIPULATION AND ORDER signed by District Judge Troy L. Nunley on 11/4/13 ORDERING that this matter is remanded to the Superior Court of the State of California for the County of Sacramento forthwith. Copy of remand order sent to other court. CASE CLOSED. (Becknal, R)

1 MAJORS & FOX
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LLP

Frank J. Fox SBN139147(Ca.)
Lawrence J. Salisbury SBN179748(Ca.)
Andrew M. Greene SBN167386(Ca.)
401 West "A" Street, Suite 2350
San Diego, California 92101-7921
Telephone: [phone]
Facsimile: [phone]
Emails: [e-mail]; [e-mail];
[e-mail]

6 ATTORNEYS AGAINST ABUSE OF ELDERS
Mark A. Redmond SBN161520(Ca.)

7 Plaza Five-Fifty-Five

555 Capitol Mall, Suite 770

8 Sacramento, California 95814-4502
Telephone: [phone]

9 Facsimile: [phone]
Email: [e-mail]

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Attorneys for Plaintiff,

Anatoli Romanov, and all others similarly situated

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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ANATOLI ROMANOV, an individual, on
behalf of himself and all others similarly
situated,
Plaintiff,

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WESTWARD HOSPITALITY
MANAGEMENT LLC, a Delaware
corporation; WESTMONT HOSPITALITY
GROUP, INC., a Texas corporation; and
DOES 1 through 100, inclusive,

STIPULATION AND ORDER TO
REMAND ACTION

v.

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Case No. 2:12-cv-02036-TLN-CKD

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Courtroom: 2
Judge:
Hon. Troy L. Nunley
Date Filed:

June 22, 2012

Defendants.

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24 This Stipulation is entered into by and between Plaintiff Anatolli P. Romanov
25 ("Romanov") and Defendants Westward Hospitality Management LLC and Westmont
26 Hospitality Group, Inc. ("Defendants") as follows
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Stipulation and Order to Remand Action

2:12-cv-02036-GEB-CKD

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WHEREAS, Romanov commenced this action as a putative class action in the
Superior Court of the State of California, County of Sacramento, on June 22, 2012; and
WHEREAS, Defendants removed this action to this Court on August 3, 2012,
pursuant to the Class Action Fairness Act; and

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WHEREAS, Romanov did not seek remand of this action at the time because the

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evidence submitted by defendants in support of their removal suggested that there was

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in excess of $5 million at stake, thereby investing this Court with jurisdiction under the

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Class Action Fairness Act; and

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WHEREAS, after formal and informal discovery related to certain financial

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information, Romanov determined that there was likely significantly less than $5 million

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at stake; and

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WHEREAS, the parties recently engaged in a successful mediation on the basis

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of that financial information and agreed on a settlement figure that is well below the

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minimum jurisdictional amount for non-discretionary jurisdiction in this Court under the

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Class Action Fairness Act; and

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WHEREAS, as part of that settlement, the parties agreed that this case, which

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asserts only state law claims, properly belongs back in state court for settlement and

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eventual administration.

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Accordingly, IT IS HEREBY STIPULATED AND AGREED that this action shall

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be immediately remanded to the Superior Court for the State of California, County of

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Sacramento.

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DATED: October 25, 2013

MAJORS & FOX LLP

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By: /s/
Lawrence J. Salisbury

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Attorneys for Plaintiff, Anatoli Romanov, and
all others similarly situated

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-2Stipulation and Order to Remand Action

2:12-cv-02036-GEB-CKD

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DATED: October 25, 2013

JEFFER MANGELS BUTLER &
MITCHELL LLP

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By:/s/
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Travis M. Gemoets

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Attorneys for Defendants Westward
Hospitality Management LLC and Westmont
Hospitality Group, Inc.

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ORDER

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Based upon the foregoing stipulation, and for good cause showing,

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IT IS HEREBY ORDERED, that this matter be remanded to the Superior Court of

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the State of California for the County of Sacramento forthwith.
Dated: November 4, 2013

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Troy L. Nunley
United States District Judge

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-3Stipulation and Order to Remand Action

2:12-cv-02036-GEB-CKD