Salvador v. A Family Affair, Inc. et al

Filing 12

ORDER signed by Judge Kimberly J. Mueller on 3/18/2015 APPROVING 11 Stipulation amd REMANDING this case to the Sacramento Superior Court. CASE CLOSED. (cc- Certified Copy sent to SacSuperior) (Donati, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RONNIE SALVADOR,

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No. 2:14-cv-01082-KJM-EFB

Plaintiff,
v.

ORDER

A FAMILY AFFAIR, INC. et al.,
Defendants.

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This matter was originally filed in Sacramento County Superior Court (Case No.

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34-2013-00155976-CU-OE-GDS) on January 3, 2014. Ex. A, Notice of Removal, ECF No. 1.

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On April 30, 2014, defendants filed a Notice of Removal based upon this court’s original subject

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matter jurisdiction under 28 U.S.C. §1331 because plaintiff alleged in his complaint that

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defendants violated the Racketeer Influence and Corrupt Organizations Act (RICO), 18 U.S.C.

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sections 1962 and 1962(D). Id.

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In addition to this action, plaintiff’s counsel has two related cases pending against

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largely the same defendants, Labios v. A Family Affair, Inc., case no. 34-2012-00135669, and

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Guania v. A Family Affair, Inc., case no. 34-2013-001140847, in Superior Court of the State of

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California, County of Sacramento. The parties agree that on January 26, 2015, Judge Robert C.

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Hight of the Superior Court of the State of California, County of Sacramento ordered that the

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Labios and Guania cases be consolidated in that court. Stipulation, ECF No. 11 at 1.
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After Judge Hight’s order issued, the parties agreed to stipulate to remand of this

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case to the Sacramento Superior Court so that it may be consolidated with the pending Labios and

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Guania cases. Id. The parties agree that this remand and consolidation will allow the parties to

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more efficiently litigate the case. Id. In exchange for defendants’ stipulation, plaintiff agrees to

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dismiss, with prejudice, his RICO claims in this lawsuit and the Labios and Guania matters. Id.

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After reviewing the parties’ stipulation and finding good cause, the court

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APPROVES the stipulation and remands this case to the Sacramento County Superior Court.

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After remanding this action, the Clerk of the Court is directed to close the case.

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IT IS SO ORDERED.
DATED: March 18, 2015.

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UNITED STATES DISTRICT JUDGE

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