Sweis v. Boston Market Corporation

Filing 13

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 3/10/2017 REMANDING CASE to Placer County Superior Court. Copy of remand order sent to other court. Each Party shall bear his/her/its own attorney's fees and costs with respec t to the removal and subsequent remand of this Action. The Stipulation moots all pending deadlines and hearings before this Court, and all deadlines and hearings in this case are VACATED. Defendant shall be permitted to file a Cross-Complaint against the indispensable third-parties pursuant to California Code of Civil Procedure Section 428.10, et seq. CASE CLOSED (Washington, S)

1 David V. Roth (State Bar No. 194648)
[e-mail]
2 Gregory J. Lewis (State Bar No. 305429)
[e-mail]
3 MANNING & KASS
ELLROD, RAMIREZ, TRESTER LLP
4 121 Spear Street, Suite 200
San Francisco, California 94105-1582
5 Telephone: [phone]
Facsimile: [phone]
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Attorneys for Defendant,
7 BOSTON MARKET CORPORATION
(erroneously sued herein as BOSTON MARKET
8 CORPORATION dba BOSTON MARKETROSEVILLE)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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LULA J. SWEIS,
Case No. 2:16-CV-02213-KJN
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Plaintiff,
STIPULATION AND ORDER TO
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REMAND CASE TO PLACER COUNTY
v.
SUPERIOR COURT
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BOSTON MARKET CORPORATION dba
15 BOSTON MARKET - ROSEVILLE; and
Action Removed September 16, 2016
DOES 1 to 100,
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Defendants.
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Plaintiff, Lula J. Sweis ("Plaintiff") and Defendant Boston Market Corporation

19 (erroneously sued herein as Boston Market Corporation dba Boston Market-Roseville)
20 ("Defendant") (herein, collectively, "the Parties"), by and through their respective counsel, hereby
21 stipulate as follows:
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STIPULATION:

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1.

On June 23, 2016, Plaintiff commenced an action in the Superior Court of

24 California in and for the County of Placer, titled Lula Sweis v. Boston Market Corporation dba
25 Boston Market – Roseville (Placer County Superior Court Case No. SCV0037976) ("the Action").
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2.

On or about September 16, 2016, Defendant filed a Notice of Removal of the

27 Action to this Court pursuant to 28 U.S.C. §§ 1332 and 1441, on the grounds that this matter was
28 understood to be a civil action between citizens of different states, with an amount in controversy
1
STIPULATION AND ORDER TO REMAND CASE
TO PLACER COUNTY SUPERIOR COURT

1 exceeding $75,000.00, exclusive interests and costs.
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3.

Defendant has discovered the identities of indispensable third-parties with the legal

3 responsibility of managing, operating, controlling and/ or indemnifying for damages incurred in
4 the parking lot where plaintiff's accident occurred.
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4.

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Specifically, Defendant has identified the following indispensable third parties:
a.

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Corporation.

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b.

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Carl Karcher Enterprises, Inc., which, on information and belief, is a
California Corporation.

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c.

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Realty Income Properties, Inc., which, on information and belief, is a
Maryland Corporation, doing business in California.

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d.

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Ethan Conrad Properties, which, on information and belief, is a California

Other indispensable non-diverse third-parties, the identities of which are
currently unknown to the Parties.

5.

Joinder of the aforementioned indispensable third-parties will destroy diversity of

15 citizenship in this Action, and eliminate this Court's Jurisdiction pursuant to 28 U.S.C. §§ 1332.
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6.

THEREFORE, the Parties hereby stipulate that this action should immediately be

17 remanded to Placer County Superior Court.
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7.

The Parties further stipulate that Defendant shall be permitted to file a Cross-

19 Complaint against the indispensable third-parties without leave of court, pursuant to California
20 Code of Civil Procedure Section 428.10, et seq.
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8.

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

22 removal and subsequent remand of this Action pursuant to this Stipulation and Order.
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9.

The Stipulation moots all pending deadlines and hearings before this Court, and all

24 deadlines and hearings in this case should be taken off the Court's calendar.
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STIPULATION AND ORDER TO REMAND CASE
TO PLACER COUNTY SUPERIOR COURT

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Respectfully Submitted,

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3 DATED: March

, 2017

4

MANNING & KASS
ELLROD, RAMIREZ, TRESTER LLP

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By:

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David Roth
Gregory J. Lewis
Attorneys for Defendant,
BOSTON MARKET CORPORATION.

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DATED: March

, 2017

ANDREW E. BAKOS & ASSOCIATES, PC

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By:
Andrew E. Bakos
Attorneys for Plaintiff,
Lula J. Sweis.

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STIPULATION AND ORDER TO REMAND CASE
TO PLACER COUNTY SUPERIOR COURT

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ORDER
Pursuant to the parties’ stipulation (ECF No. 12), IT IS ORDERED THAT:

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1.

This action is REMANDED to the Placer County Superior Court.

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2.

Each Party shall bear his/her/its own attorney's fees and costs with respect

5 to the removal and subsequent remand of this Action.
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3.

The Stipulation moots all pending deadlines and hearings before this Court,

7 and all deadlines and hearings in this case are VACATED.
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4.

Defendant shall be permitted to file a Cross-Complaint against the

9 indispensable third-parties pursuant to California Code of Civil Procedure Section 428.10, et seq.
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5.

The Clerk of Court shall close this case.

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IT IS SO ORDERED

13 Dated: March 10, 2017
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STIPULATION AND ORDER TO REMAND CASE
TO PLACER COUNTY SUPERIOR COURT