Dobic et al v. Eaton Corporation et al

Filing 4

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 6/25/14 REMANDING CASE to Yolo County Superior Court. Copy of remand order sent to other court. CASE CLOSED (Manzer, C)

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TUCKER ELLIS LLP
DANIEL J. KELLY SBN 145088
PEGGY S. DOYLE SBN 176483
One Market Plaza
Steuart Tower, Suite 700
San Francisco, CA 94105
Telephone: [phone]
Facsimile: 415.617.2409
[e-mail]
[e-mail]
Attorneys for Defendant
EATON CORPORATION

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TUCKER ELLIS LLP

Cleveland ♦ Columbus ♦ Denver ♦ Los Angeles ♦ San Francisco

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TATIANA DOBIC; SERGHEI DOBIC, a
minor, by and through his Guardian Ad
Litem, Galina Fatnik; ANASTASIA
DOBIC, a minor, by and through her
Guardian Ad Litem, Galina Fatnik;
KRISTINA DOBIC, a minor, by and
through her Guardian Ad Litem, Galina
Fatnik; and ELIZABETH DOBIC, a
minor, by and through her Guardian
Ad Litem, Galina Fatnik,

Case No. 2:14-cv-01367-MCE-DAD

STIPULATION FOR REMAND;
ORDER

Plaintiffs,
v.
EATON CORPORATION; D.C. TRUCK
CENTER, INC., and DOES 1 through 50,
Defendants.

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WHEREAS, defendant Eaton Corporation (“Eaton”) removed the above-entitled action from

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the Yolo County Superior Court to the Eastern District Court of California on June 5, 2014, based

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on diversity jurisdiction and information suggesting that defendant D.C. Truck Center, Inc., was

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plaintiffs’ decedent’s employer and an improperly joined defendant.

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WHEREAS, on June 5, 2014, plaintiffs’ attorneys orally represented to Eaton’s attorneys
that decedent was not employed by either defendant D.C. Truck Center, Inc., or DC Transport, Inc.,
STIPULATION FOR REMAND; [PROPOSED] ORDER
010432.000024/338803.1

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but instead was an independent contractor of DC Transport, Inc. Plaintiff’s counsel then provided

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documentation showing that DC Transport, Inc., was a separate and distinct entity from D.C. Truck

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Center, Inc. Plaintiffs’ attorneys further provided Eaton with pay information reflecting payments

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by DC Transport, Inc., to decedent from August 2011 to April 2013.

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WHEREAS, defendant D.C. Truck Center, Inc., has not appeared in the case as of the filing of
this Stipulation.
IT IS HEREBY AGREED by and between plaintiffs and defendant Eaton, through their counsel

TUCKER ELLIS LLP

of record, that this case be remanded to the Yolo County Superior Court, Case No. P014-723, the court

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Cleveland ♦ Columbus ♦ Denver ♦ Los Angeles ♦ San Francisco

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in which it was originally filed and from which it was removed.

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IT IS FURTHER AGREED that by this stipulation and remand, Eaton does not waive, and

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expressly reserves, the right to remove the case in the future should evidence be obtained supporting

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removal.

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DATED: June 13, 2014

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DREYER BABICH BUCCOLA
WOOD CAMPORA, LLP
By:

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DATED: June 13, 2014

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TUCKER ELLIS LLP
By:

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/s/ Steven M. Campora
Steven M. Campora
Catia G. Saraiva
Attorneys for Plaintiffs

/s/ Peggy S. Doyle
Daniel J. Kelly
Peggy S. Doyle
Attorneys for Defendant
EATON CORPORATION

IT IS SO ORDERED.
DATED: JUNE 25, 2014

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