Smith v. Greyhound Lines, Inc.

Filing 20

ORDER signed by District Judge Troy L. Nunley on 11/2/2018 REMANDING CASE to Sacramento County Superior Court, Case No. 34-2017-00219188. Certified copy of remand order sent to other court. VACATING 4 Motion to Remand, and VACATING 8 Motion to Stay, and hearing VACATED. CASE CLOSED (Reader, L)

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

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Attorneys for Plaintiff JUSTIN SMITH

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David J. Dow (SBN 179407)
Kelsey E. Papst (SBN 270547)
LITTLER MENDELSON, P.C
500 Capitol Mall, Suite 2000
Sacramento, California 95814
Telephone: [phone]
Email: [e-mail]
[e-mail]

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Attorneys for Defendant GREYHOUND LINES, INC.
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JUSTIN SMITH, individually and on behalf )
of all others similarly situated,
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Plaintiffs,
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vs.
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GREYHOUND LINES, INC., a Delaware )
Corporation; and DOES 1 to 100, inclusive, )
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Defendants.
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)

Case No. 2:17-CV-02238-TLN-AC
STIPULATION AND ORDER TO
REMAND THIS ACTION TO STATE
COURT

Complaint Filed: September 15, 2017

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STIPULATION & ORDER RE REMAND

2:17-CV-02238-TLN-AC

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This Stipulation and proposed Order is entered into between Plaintiff JUSTIN SMITH

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(“Plaintiff”) and Defendant GREYHOUND LINES, INC. (“Defendant”) (Plaintiff and Defendant all

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collectively, the “Parties”), by and through their counsel of record, as follows:
WHEREAS Plaintiff filed a Class Action against Defendant in the Superior Court of California

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for the County of Sacramento, Case No. 34-2017-00219188 on September 15, 2017;
WHEREAS Defendant removed Plaintiff’s Action to the United States District Court for the

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Eastern District of California and filed a Notice of Removal on October 25, 2017 pursuant to the Class

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Action Fairness Act of 2005;
WHEREAS Plaintiff filed a Motion to Remand on November 21, 2017 and the Hearing for that

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Motion is currently scheduled for November 15, 2018;
WHEREAS Defendant filed a Motion to Stay Proceedings on November 21, 2017 and the

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Hearing for that Motion is currently scheduled for November 15, 2018;
WHEREAS Defendant has not filed an opposition to Plaintiff’s Motion to Remand and Plaintiff

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has not filed an opposition to Defendant’s Motion to Stay Proceedings;
WHEREAS the Parties met and conferred regarding the matters at issue in these Motions and

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stipulate that good cause exists to remand this case back to state court, Sacramento County Superior

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Court, Case No. 34-2017-00219188;
WHEREAS the Parties wish to vacate the Motion to Remand and Motion to Stay Hearings

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scheduled for 2:00 p.m. on November 15, 2018;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the

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Parties, subject to the approval of the Court, as follows:
1.

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That this case will be remanded to state court, Sacramento County Superior Court, Case

No. 34-2017-00219188.
2.

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That the Court will vacate Plaintiff’s Motion to Remand Hearing currently set 2:00 p.m.

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on November 15, 2018;

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//

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//

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//

STIPULATION & ORDER RE REMAND

2:17-CV-02238-TLN-AC

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That the Court will vacate Defendant’s Motion to Stay Hearing currently set for 2:00 p.m.

on November 15, 2018;

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Shimoda Law Corp.

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Dated: November 1, 2018

By:

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/s/ Justin P. Rodriguez
Galen T. Shimoda
Justin P. Rodriguez
Attorneys for Plaintiff

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LITTLER MENDELSON, P.C.

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Dated: November 1, 2018
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By:

/s/ David J. Dow
David J. Dow
(as authorized on 11/1/18)
Kelsey E. Papst
Attorneys for Defendant

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STIPULATION & ORDER RE REMAND

2:17-CV-02238-TLN-AC

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ORDER

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The COURT, having considered the above stipulation and finding good cause, HEREBY

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ORDERS that:
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This case will be remanded to state court, Sacramento County Superior Court, Case No.

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34-2017- 00219188. A certified copy of this Order shall be mailed by the clerk to the clerk of the

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Sacramento County Superior Court pursuant to 28 U.S.C. § 1447(c);

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2.

Plaintiff’s Motion to Remand Hearing currently set for 2:00 p.m. on November 15, 2018

is vacated; and
3.

Defendant’s Motion to Stay Hearing currently set for 2:00 p.m. on November 15, 2018 is

vacated;

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IT IS SO ORDERED.

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Dated: November 2, 2018

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Troy L. Nunley
United States District Judge

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STIPULATION & ORDER RE REMAND

2:17-CV-02238-TLN-AC

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