Del Valle v. Permanente Medical Group, Inc., et al.

Filing 8

STIPULATION AND ORDER signed by District Judge Morrison C. England, Jr. on 6/2/2016 DISMISSING WITH PREJUDICE the plaintiff's claims for: breach of contract; breach of covenant of good faith and fair dealing; intentional infliction of emotional distress; and negligent infliction of emotional distress; DISMISSING WITH PREJUDICE Defendant James Thum; REMANDING the remaining claims to Superior Court of California, County of Placer; ORDERING all parties to bear their own costs and attorneys' fees associated with the removal and remand of this action. Copy of remand order sent Superior Court of California, County of Placer, P.O. Box 619072, Roseville, CA 95678. CASE CLOSED. (Michel, G.)

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LAW OFFICES OF GAY CARROLL-HARING
GAY L. CARROLL-HARING (SBN 203803)
770 L Street, Suite 950
Sacramento, CA 95814
T: [phone]
F: [phone]
Email: [e-mail]
Attorneys for Plaintiff
LINDA DEL VALLE
JACKSON LEWIS P.C.
MICHAEL J. CHRISTIAN (SBN 173727)
SHANE R. LARSEN (SBN 283966)
400 Capitol Mall, Suite 1600
Sacramento, California 95814
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
[e-mail]
Attorneys for Defendants
THE PERMANENTE MEDICAL GROUP, INC.,
and JAMES THUM

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SUPERIOR COURT OF THE STATE OF CALIFORNIA

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EASTERN DISTRICT OF CALIFORNIA - SACRAMENTO DIVISION

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LINDA DEL VALLE, an Individual,

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Case No. 2:16-CV-00910-MCE-CKD

Plaintiff,

JOINT STIPULATION FOR PARTIAL
DISMISSAL AND REMAND TO
STATE COURT; AND ORDER
THEREON

v.
THE PERMANENTE MEDICAL GROUP,
INC.; and JAMES THUM, an Individual; and
DOES 1 through 30, inclusive,
Defendants.

Complaint Filed:

February 11, 2016

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Defendants THE PERMANENTE MEDICAL GROUP, INC. (“TPMG”), and

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JAMES THUM (collectively “Defendants”) and Plaintiff LINDA DEL VALLE (“Plaintiff”) by

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and through their attorneys hereby stipulate as follows:

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Joint Stipulation for Partial Dismissal and Remand to
State Court; and Order Thereon

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Linda Del Valle v. The Permanente Medical Group, et al.
USDC-Eastern, Case No. 2:16-CV-00910-MCE-CKD

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Plaintiff dismisses with prejudice the following causes of action: (1) breach of

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contract; (2) breach of covenant of good faith and fair dealing; (3) intentional infliction of

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emotional distress; and (4) negligent infliction of emotional distress, constituting Plaintiff’s ninth,

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tenth, eleventh, and twelfth causes of action respectively.

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prejudice James Thum as an individual defendant in this Action.

Plaintiff further dismisses with

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The Parties further agree and hereby stipulate to remand this Action, following the

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dismissal of Defendant Thum and the above referenced causes of action, to the Superior Court of

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the State of California for the County of Placer. With this Stipulation, Defendants do not oppose

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the remand to state court. All parties to bear their own costs and attorneys’ fees regarding the

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removal and remand.
An Order accompanies this Stipulation.

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Date: May 26, 2016

LAW OFFICES OF GAY CARROLL-HARING

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By: /s/ Gay Carroll-Haring (as auth. on 5.26.16)
GAY CARROLL-HARING

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Attorneys for Plaintiff
LINDA DEL VALLE

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Date: May 26, 2016

JACKSON LEWIS P.C.

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By: /s/ Michael J. Christian
MICHAEL J. CHRISTIAN
SHANE R. LARSEN

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Attorneys for Defendants
THE PERMANENTE MEDICAL GROUP, INC.,
and JAMES THUM

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Joint Stipulation for Partial Dismissal and Remand to
State Court; and Order Thereon

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Linda Del Valle v. The Permanente Medical Group, et al.
USDC-Eastern, Case No. 2:16-CV-00910-MCE-CKD

1

ORDER OF PARTIAL DISMISSAL
AND REMAND TO STATE COURT

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Upon stipulation of the Parties, Plaintiff’s claims for: breach of contract; breach of

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covenant of good faith and fair dealing; intentional infliction of emotional distress; and negligent

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infliction of emotional distress are hereby dismissed with prejudice. Furthermore, Defendant

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James Thum is dismissed with prejudice as an individual defendant in this Action by stipulation

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of the Parties. Plaintiff’s remaining claims are hereby remanded to the Superior Court of the

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State of California for the County of Placer for the continued litigation of this Action. All parties

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shall bear their own costs and attorneys’ fees regarding the removal and remand of this Action.

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IT IS SO ORDERED.

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Dated: June 2, 2016

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Joint Stipulation for Partial Dismissal and Remand to
State Court; and Order Thereon

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Linda Del Valle v. The Permanente Medical Group, et al.
USDC-Eastern, Case No. 2:16-CV-00910-MCE-CKD