Bozhadze, et al v. Sidhu, et al

Filing 9

ORDER signed by Chief Judge Morrison C. England, Jr. on 1/5/2015 REMANDING CASE to San Joaquin County Superior Court. Copy of remand order sent to other court. CASE CLOSED. (Zignago, K.)

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DIEPENBROCK & COTTER, LLP
JOHN P. COTTER, State Bar No. 158783
GLEN A. WILLIAMS, State Bar No. 257665
1545 River Park Drive, Suite 201
Sacramento, California 95815
Telephone: [phone]
Telecopier: [phone]
Attorneys for Defendants
HARVINDER SIDHU and
J S CARRIER EXPRESS INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EKATERINA BOZHADZE and TINATIN
DUDA as guardian ad litem of N.M. and
S.M.,
Plaintiffs,

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vs.

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STIPULATION TO REMAND CASE TO
SAN JOAQUIN COUNTY SUPERIOR
COURT; ORDER

HARVINDER SIDHU, J S CARRIER
EXPRESS INC. and DOES 1 through 10,
inclusive,

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Case No.: 2:14-cv-02758-MCE-KJN

Defendants.

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Defendants HARVINDER SIDHU and J S CARRIER EXPRESS INC. (collectively

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hereinafter “Defendants”) and Plaintiffs EKATERINA BOZHADZE and TINATIN DUDA as

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guardian ad litem of N.M. and S.M. (collectively “Plaintiffs”), by and through their respective

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counsel of record, hereby agree and stipulate as follows:
STIPULATION

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1.

WHEREAS, on October 3, 2014, Plaintiffs commenced an action in the Superior

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Court of California in and for the County of San Joaquin titled Ekaterina Bozhadze, et al., v.

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Harvinder Sidhu, et al., as Case No. 39-2014-00316886-CU-PA-STK (“the Action”).

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2.

WHEREAS, on November 24, 2014, Defendants filed a Notice of Removal of

Action Under 27 U.S.C. 1441(b) with the United States District Court for the Eastern District of
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STIPULATION TO REMAND; ORDER

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California.
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WHEREAS, Plaintiffs agree not to move this Court to remand the case to San

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Joaquin County Superior Court or for recovery of Plaintiffs’ attorney fees and costs to bring such

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a motion.

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4.

NOW THEREFORE, Plaintiffs and Defendants stipulate that the Action should

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immediately be remanded to the San Joaquin County Superior Court, with each party bearing

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his/her/its own respective attorney fees and costs with respect to the removal and subsequent

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remand of the Action pursuant to this Stipulation and Order.

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5.

The Stipulation moots any/all pending motions before this Court and any/all

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pleadings filed in this Court, and any/all pending deadlines or hearings should be taken off this

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Court’s calendar.

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6.

For convenience, upon remand, the time for Defendants to file a responsive

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pleading to Plaintiffs’ complaint in the Superior Court will be 30 days from the date of this

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Court’s execution of the order remanding the Action.

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DATED: December 19, 2014

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DIEPENBROCK & COTTER, LLP
By:

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/s/ John P. Cotter
JOHN P. COTTER
GLEN A. WILLIAMS
Attorneys for Defendants
HARVINDER SIDHU and
J S CARRIER EXPRESS INC.

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DATED: December 19, 2014

THE BRANDI LAW FIRM
By:

/s/ Daniel Dell’Osso (authorized via email 12/19/14)
DANIEL DELL’OSSO
Attorneys for Plaintiffs
EKATERINA BOZHADZE and TINATIN DUDA as
guardian ad litem of N.M. and S.M.

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STIPULATION TO REMAND; ORDER

ORDER

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On December 22, 2014, the Parties to the above-referenced action filed a Stipulation to

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Remand Case to San Joaquin County Superior Court. The Court having reviewed that Stipulation

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and good cause appearing, orders as follows:

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1.

This action, Eastern District of California Case No. 2:14-cv-02758-MCE-KJN, is

hereby immediately remanded to the San Joaquin County Superior Court;
2.

Each party shall bear his/her/its own attorney fees and costs with respect to the

removal and subsequent remand of the Action;
3.

This Stipulation moots any/all pending motions before this Court and any/all

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pleadings filed in this Court, and any/all pending deadlines and hearings in this case shall be

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taken off the Court’s calendar;

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4.

Upon remand, the time for Defendants to file a responsive pleading to Plaintiffs’

complaint in the Superior Court will be 30 days from the date of execution of this Order;
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The Clerk is ordered to send a certified copy of this order of remand to the clerk of

the San Joaquin County Superior Court and to close this case.
IT IS SO ORDERED.
Dated: January 5, 2015

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STIPULATION TO REMAND; ORDER