Rich v. Southwest Airlines Co.

Filing 6

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 4/20/16 ORDERING that this matter is REMANDED to Sacramento County Superior Court. The Clerk of Court is ordered to Administratively close the file in this case. Copy of remand order sent to other court. CASE CLOSED.(Mena-Sanchez, L)

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ALLAN R. FRUMKIN, ESQ. (SB#50543)
LAW OFFICES OF ALLAN R. FRUMKIN, INC.
3268 PENRYN ROAD, SUITE 100
SAN RAMON, CA 94583
Telephone Number [phone]
Facsimile Number [phone]
Attorney for Plaintiff
E. MICHEAL RICH

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CAIFORNIA

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SACRAMENTO DIVISION

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E. MICHEAL RICH,

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Plaintiff
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vs.
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SOUTHWEST AIRLINES CO., A
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TEXAS CORPORATION DOING
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BUSINESS IN CALIFORNIA, and
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DOES 1-12, inclusive
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Defendants
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________________________________/

CASE NO. 2:16-cv-00553-WSB-EFB
STIPULATION TO LIMIT PLAINTIFF
RECOVERY AND REMAND MATTER
BACK TO STATE COURT AND
PROPOSED ORDER THEREON

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STIPULATION TO LIMIT PLAINTIFF RECOVERY AND REMAND

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MATTER BACK TO STATE COURT AND PROPOSED ORDER THEREON

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WHEREAS, on February 8, 2016, Plaintiff E. Micheal Rich, (“Plaintiff), filed a
Complaint for Personal Injury in Sacramento Superior Court, #34-2016-00190243;

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STIPULATION TO LIMIT PLAINTIFF RECOVERY AND REMAND
MATTER BACK TO STATE COURT AND PROPOSED ORDER THEREON
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WHEREAS, Defendant Southwest Airlines Co., (“Defendant”), filed a Notice of

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Removal to Federal District Court on March 15, 2016, #2:16-cv-005530-WBS-EFB;

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WHEREAS, Plaintiff has agreed to limit his recovery to no greater than

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$75,000.00.

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NOW THEREFORE, IT IS HEREBY STIPULATED, by and between the parties,
through their respective counsel, that:
1. Plaintiff’s recovery for the injuries complained of in the action of E. Micheal
Rich vs. Southwest Airlines Co. shall be no greater than $75,000.00;
2. Based upon Plaintiff’s agreement to limit his recovery to $75,000.00, or less,

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the parties agree that subject matter jurisdiction pursuant to 28 U.S.C. section
1441(b) no longer exists and that the case should be remanded to state court.
Dated:4/18/16

LAW OFFICES OF ALLAN R. FRUMKIN, INC.

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/s/_____________________________________
Allan R. Frumkin, Esq., Attorney for Plaintiff

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Dated: 4/18/16

THE RYAN LAW GROUP

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/s/____________________________________
Timothy J. Ryan, Esq., Attorney for Defendant
Southwest Airlines Co.

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ORDER

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Pursuant to the stipulation of facts set forth above, the Court orders this matter

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remanded to the Superior Court of California, County of Sacramento and the Clerk of

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the Court is ordered to administratively close the file in this case.

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Dated: April 20, 2016

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STIPULATION TO LIMIT PLAINTIFF RECOVERY AND REMAND
MATTER BACK TO STATE COURT AND PROPOSED ORDER THEREON
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