Callahan v. Pinnacle Property Management Services, LLC et al

Filing 11

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 9/12/2016 ORDERING Plaintiff's 6 Motion to Remand, previously scheduled to be heard on 9/22/2016, will be removed from calendar. (Jackson, T)

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Galen T. Shimoda (Cal. State Bar No. 226752)
Justin P. Rodriguez (Cal. State Bar No. 278275)
Erika R. C. Sembrano (Cal. State Bar No. 306635)
Shimoda Law Corp.
9401 East Stockton Blvd. Suite 200
Elk Grove, CA 95624
Telephone: [phone]
Facsimile: [phone]
E-mail:[e-mail]
[e-mail]
[e-mail]

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Attorneys for Plaintiff BRENNA CALLAHAN

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JACKSON LEWIS P.C.
JAMES JONES (SBN 167967)
JOHNNY A COLON (SBN 294447)
400 Capitol Mall, Suite 1600
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Defendants
PINNACLE PROPERTY MANAGEMENT
SERVICES, LLC and PINNACLE PROPERTY
MANAGEMENT SERVICES PIER 70

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
) Case No. 2:16-cv-01862-MCE-EFB
)
)
Plaintiff,
)
) STIPULATION REGARDING MOTION TO
) REMAND; ORDER
vs.
)
PINNACLE PROPERTY MANAGEMENT )
)
SERVICES, LLC, a Delaware Limited
)
Liability Company; PINNACLE PROPERTY )
)
MANAGEMENT SERVICES PIER 70, a
)
business organization, form unknown; and
)
DOES 1 to 100, inclusive,
)
)
Defendants.
)
)
BRENNA CALLAHAN,

PARTIES STIPULATION TO WITHDRAW THE MOTION TO REMAND; ORDER

CASE NO. 2:16-cv-01862-MCE-EFB 1

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WHEREAS, PINNACLE PROPERTY MANAGEMENT SERVICES, LLC and PINNACLE

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PROPERTY MANAGEMENT SERVICES PIER 70 (collectively referred to as Defendants) filed its

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Notice of Removal in this Court on August 5, 2016;

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WHEREAS, Plaintiff filed her Motion to Remand with the Court on August 23, 2016, and

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scheduled a hearing on September 22, 2016, based on Plaintiff’s belief there was a procedural defect of

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Defendants’ Notice of Removal;

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WHEREAS, the Parties recognize that Plaintiff filed its Motion to Remand within 30 days of the
Notice or Removal, thus its motion being timely under federal procedural law;

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WHEREAS, the Parties seek to resolve their differences and attempt settlement of this case
without incurring additional fees and costs; and

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WHEREAS, the Parties agree to withdraw Plaintiff’s Motion to Remand so that further

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settlement discussions can occur.

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PARTIES STIPULATION TO WITHDRAW THE MOTION TO REMAND; ORDER

CASE NO. 2:16-cv-01862-MCE-EFB 2

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THEREFORE, the parties hereby stipulate that the Motion to Remand the Action to State Court

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be removed from calendar; and that Plaintiff’s right to file a Motion to Remand, again, will not be

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prejudiced in any way if they are unable to resolve this case. The withdrawal of the Motion to Remand

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will not waive Plaintiff’s right to bring this motion under federal procedural law and Defendant will be

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estopped from arguing untimeliness of the Motion to Remand should it be filed again.

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Dated: September 12, 2016

Shimoda Law Corp.

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By:

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Dated: September 12, 2016

/s/ Galen T. Shimoda
Galen T. Shimoda
Erika R. C. Sembrano
Attorneys for Plaintiffs
JACKSON LEWIS P.C.

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By:

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/s/ James T. Jones
JAMES T. JONES
(approved on 9/6/2016)
JOHNNY A. COLÓN
Attorneys for Defendants
PINNACLE PROPERTY MANAGEMENT
SERVICES, LLC and PINNACLE PROPERTY
MANAGEMENT SERVICES PIER 70

Based on the foregoing stipulation and in order to facilitate settlement between the parties,

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Plaintiff’s Motion to Remand (ECF No. 6), previously scheduled to be heard on September 22, 2016,

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will be removed from calendar.

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IT IS SO ORDERED.

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Dated: September 12, 2016

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PARTIES STIPULATION TO WITHDRAW THE MOTION TO REMAND; ORDER

CASE NO. 2:16-cv-01862-MCE-EFB 3