Tashima et al v. New England Compounding Pharmacy, Inc., et al

Filing 12

STIPULATION AND ORDER signed by District Judge Troy L. Nunley on 5/17/2017 REMANDING this action to the Superior Court of California, County of San Joaquin; ORDERING each party to bear its own attorneys' fees and costs; VACATING all deadlines and hearings in this matter. CASE CLOSED. (Michel, G.)

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Kevin F. Quinn, Esq. (SBN 106224)
Email: [e-mail]
Neal A. Markowitz, Esq. (SBN 201692)
Email: [e-mail]
Thorsnes Bartolotta McGuire LLP
2550 Fifth Avenue, 11th Floor
San Diego, California 92103
Tel: [phone] Fax: [phone]
Attorneys for Plaintiffs

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Lawrence E. Wayte
McCormick Barstow LLP
7647 North Fresno Street
Fresno, CA 93720
Tel: [phone] Fax: [phone]
Email: [e-mail]
Attorneys for Defendants Sequoia
Orthopaedic and Spine Institute Inc. and
Frank L. Feng. D.O.
William M. White
White Canepa LLP
7690 N. Palm Ave, Ste 105
Fresno, CA 93711
Tel: [phone]
Email: [e-mail]
Attorneys for Defendant Sequoia Surgery
Center Holdings, Inc

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LIDIA TASHIMA and STEVEN
TASHIMA,

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Plaintiffs,

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v.
NEW ENGLAND
COMPOUNDING PHARMACY
INC., et al.,

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Defendant.

Case No.: 2:14-CV-01183-TLN-CKD
STIPULATION TO REMAND CASE
BACK TO STOCKTON COUNTY
SUPERIOR COURT; ORDER THEREON
Courtroom:
Judge:
Trial Date:

2 (15th floor)
Hon. Troy L. Nunley
None set

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Stipulation to Remand

2:14-CV-01183-TLN-CKD

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Plaintiffs Lidia Tashima and Steven Tashima (“Plaintiffs”) and

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Defendants Sequoia Orthopaedic and Spine Institute Inc.; Frank L. Feng. D.O.;

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and Sequoia Surgery Center Holdings, Inc. (“Defendants”) (collectively “the

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Parties”), by and through their respective counsel, hereby agree and stipulate

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as follows:

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1.

On October 23, 2013, Plaintiffs commenced an action in the

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Superior Court of California in and for the County of Stockton titled Lidia

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Tashima and Steven Tashima v. New England Compounding Pharmacy, Inc. d/b/a

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New England Compounding Center, et al., as Case No. 39-2013-00303291-CU-NP-

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STK (“the Action”). On January 28, 2014, Plaintiffs filed their First Amended

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Complaint.

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2.

On May 15, 2014, the case was removed to federal District Court,

Eastern District of California.
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On May 29, 2014, the case was then transferred to United States

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District Court, District of Massachusetts as part of a multi-district litigation

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established against Defendant NECC.

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4.

On August 25, 2015, the MDL court dismissed all cases against

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NECC and its affiliates. Therefore, on September 9, 2016, the MDL court

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ordered the Tashima case be remanded back to its court of origin pursuant to

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§ 1407.

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5.

At this time, the Parties stipulate that this action should

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

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Stockton.

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6.

Each Party shall bear its own attorneys’ fees and costs with respect

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to the removal and subsequent remand of the Action pursuant to this

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Stipulation and Order.

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Stipulation to Remand

2:14-CV-01183-TLN-CKD

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Dated: May 18, 2017

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THORSNES BARTOLOTTA MCGUIRE LLP
By:

/s/ Neal A. Markowitz
Kevin F. Quinn, Esq.
Neal A. Markowitz, Esq.
Attorneys for Plaintiffs LIDIA
TASHIMA and STEVEN TASHIMA

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Dated: May 18, 2017

MCCORMICK BARSTOW LLP

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By:

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/s/ Lawrence E. Wayte
Lawrence E. Wayte, Esq.

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Attorneys for Defendants Sequoia
Orthopaedic and Spine Institute Inc.
and Frank L. Feng. D.O.

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Dated: May 18, 2017

WHITE CANEPA LLP

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By:

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/s/ William M. White
William M. White, Esq.

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Attorneys for Defendant Sequoia
Surgery Center Holdings, Inc.

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ECF Signature Certification

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Pursuant to Electronic Case Filing Administrative Policies and
Procedures Manual, I hereby certify that the content of this document is
acceptable to all counsel of record and that I have obtained all authorizations
to affix their electronic signatures to this document.
Date: May 18, 2017

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By:

/s/ Neal A. Markowitz
Neal A. Markowitz

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Stipulation to Remand

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ORDER

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Good cause appearing, IT IS ORDERED THAT:

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1.

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This action immediately be remanded to the Superior Court of

California, County of Stockton.
2.

Each Party shall bear its own attorneys’ fees and costs with respect

to the removal and subsequent remand of the Action; and
3.

All deadlines and hearings in this case shall be taken off the

Court’s calendar.

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Date: May 17, 2017

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Troy L. Nunley
United States District Judge

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Stipulation to Remand

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